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(영문) 창원지방법원진주지원 2016.04.22 2016가단390
임금 등
Text

1. As to Plaintiff A’s KRW 13,426,916, Plaintiff B’s KRW 11,049,279, and each of the said money from November 14, 2015.

Reasons

1. Facts of recognition;

A. The defendant is a company aimed at manufacturing animal feed and prepared foods.

B. From October 23, 2013 to October 31, 2015, Plaintiff A provided labor by being employed as the Defendant’s employee from October 28, 2013 to September 30, 2015.

C. The Plaintiff was not paid the total of KRW 13,426,916 by the Defendant as wages and retirement allowances, and the total of KRW 11,049,279 by the Plaintiff B.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from October 14, 2015 to the date of full payment under the Labor Standards Act, as claimed by the Plaintiffs, with respect to the Plaintiff’s KRW 13,426,916, the Plaintiff’s KRW 11,049,279, and each of the said money.

3. The defendant's assertion is currently preparing corporate rehabilitation, and the defendant is planning to pay the unpaid wages and retirement allowances to the plaintiffs before applying for corporate rehabilitation, and thus, the defendant's assertion to the purport that the payment of the above debt is deferred. However, there is no evidence to acknowledge that the defendant is currently preparing corporate rehabilitation, and the defendant's argument does not appear as a ground for refusing or suspending the plaintiffs' claim. Thus, the defendant's argument is without merit.

4. In conclusion, the plaintiffs' claims of this case are reasonable, and all of them are accepted. It is so decided as per Disposition.

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