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(영문) 서울동부지방법원 2016.09.27 2015가단51266
임금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 52,869,517 as well as KRW 45,112,251 among them, from June 15, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. From May 17, 2012 to October 12, 2014, the Plaintiff is working for a corporate defendant that provides civil engineering, construction investigation, survey, design, and comprehensive supervision services related to the comprehensive construction project.

Retirement.

B. Wages not paid by the Defendant until the Plaintiff retires are 35,746,723 won in total, and retirement allowances are 9,365,528 won in total.

C. The Defendant paid to the Plaintiff KRW 2 million on December 30, 2015, KRW 2 million on February 4, 2016, KRW 7 million on June 14, 2016, and KRW 3 million.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the assertion on the cause of claim, the Defendant is obligated to pay the Plaintiff the total amount of 45,112,251 won of unpaid wages and retirement allowances, and damages for delay calculated at the rate of 20% per annum from October 27, 2014 to the date of full payment, which is the day following the expiration of 14 days from the date of retirement.

On June 14, 2016, the Defendant repaid the Plaintiff totaling KRW 7 million, which is the sum of KRW 5,00,000,000 to the Plaintiff. Accordingly, according to the method of statutory appropriation of performance, the amount to be paid to the Defendant as stated below is KRW 52,869,517 as of June 14, 2016 (= principal principal KRW 45,112,251).

The Defendant is obligated to pay 2,00,000,000 10,629,627,6278,629,629,187 45,112,2512,53,741,438-204 2,000,889,8857 7,519,07245,07245,112,2512,5152, 25152,631,323206-143,006-143,000,000,000,000,238,757,757,265,2512,869,517, 205, 2517, 206, 205, 2516, 2517, 206, 2516, 2517, 2517,

B. The Defendant’s assertion was based on the provisional attachment of the Plaintiff’s claim for construction cost of KRW 22,556,125 against the Defendant’s Kim Jong-si (this Court Decision 2015Kadan5192).

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