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(영문) 창원지방법원 2016.10.27 2016가단2904
임금 등
Text

1. The defendant shall have the corresponding amount and each of the above mentioned in the claim amount column of the attached sheet to the plaintiff (designated parties) and the appointed parties.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed) and the designated parties were employed by the Defendant who is engaged in the business of manufacturing motor vehicle parts and retired from office during each service period indicated in the attached Table.

B. The Plaintiffs did not receive the corresponding wages as stated in the claim amount column for the attached sheet from the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff (appointed party) and the appointed party the amount corresponding to the corresponding amount in the attached table and the damages for delay calculated at the rate of 20% per annum from the initial date of each of the above amounts in the attached table to the date of full payment.

B. The Defendant’s assertion 1) asserts that the subcontractor B sold the equipment, facilities, etc. of KRW 20 million in the number owned by the Defendant and paid the amount equivalent to KRW 50 million as the Plaintiffs’ salary. However, the Defendant asserts that: (a) the Plaintiff, C, and D should make a separate settlement of retirement pay by means of mid-term retirement and re-approval during the aforementioned service period, with only the descriptions and images of the evidence Nos. 5, 7, and 8.

However, there is no evidence to acknowledge that Plaintiff C and D had retired during the above service period, and that the payment of retirement pay was made, the above argument by the Defendant cannot be accepted.

3. The claims of the plaintiff (appointed party) and the designated parties will be accepted for all reasons.

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