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(영문) 의정부지방법원고양지원 2019.11.29 2018가단95368
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 17,962,313 and its amount from September 30, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The plaintiffs' wage payment obligation

A. In full view of the facts without dispute, Gap evidence Nos. 1 (including paper numbers; hereinafter the same shall apply) and Eul evidence Nos. 1 through 3, the following facts were found: (i) as a result of the investigation by the labor inspector of the High Regional Employment and Labor Agency, the plaintiffs at the “F” workplace operated by the plaintiffs; (ii) the defendants C worked for the period from August 16, 2013 to September 15, 2018 and did not receive wages of KRW 17,962,313; (iii) the defendants D used for the aforementioned period from October 2, 2015 to February 28, 2017 to June 16, 2017 to November 20, 2017; and (iv) the prosecutors charged with the above charges and found them guilty of all of the plaintiffs 16,183,375 won with the above charges by the District Public Prosecutor’s Office; and (v) the defendants E was not convicted of the defendants 20, 17.20,817.

According to the above facts, the Plaintiffs are jointly and severally liable to pay the above overdue wage to the Defendants. As such, the Plaintiffs are jointly and severally liable to pay the Defendants the amount of delayed payment. From September 30, 2018, when 14 days have passed since the date of retirement, the Plaintiffs are jointly and severally liable to pay the Defendant C the amount of KRW 17,962,313, and the amount of KRW 16,183,375, and any damages for delay calculated at the rate of 20% per annum as prescribed by the Labor Standards Act from September 2, 2017 to the date of full payment, for which 14 days have passed since the date of retirement.

2. The Plaintiffs’ assertion includes all allowances between the Defendants.

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