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1. As to Plaintiff A’s KRW 16,765,180, Plaintiff B’s KRW 4,986,786, and each of the said money from October 15, 2014.
Reasons
1. Facts of recognition;
A. Plaintiff A provided labor and retired after being employed by each Defendant from June 2, 2013 to September 30, 2014; Plaintiff B provided labor to each Defendant from May 29, 2013 to September 24, 2014.
B. The Defendant did not pay the Plaintiff A a total of KRW 16,765,180,170, total of KRW 12,577,010, and KRW 4,188,170, and KRW 2,03,225, and KRW 2,983,561, as well as KRW 4,986,786, to the Plaintiff.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. Determination
A. According to the factual basis of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff’s unpaid wages and retirement allowances at the rate of 20% per annum under the Labor Standards Act from October 15, 2014 to the date of full payment, which is the day following the 14th day after the retirement day of Plaintiff A’s claim against the Plaintiff’s 16,765,180 won, the Plaintiff’s 4,986,786 won, and each of the above money.
B. The defendant's assertion 1) The plaintiff A is liable to pay the amount of wages and retirement allowances to the defendant as the head of the site office of the "C Facility Maintenance Work" contracted by the Daejeon Dong-gu Office, and due to his negligence, etc., the defendant suffered damages equivalent to KRW 85,785,907 to the defendant. The defendant's above damage claim against the above plaintiff, which offsets the defendant's above damage claim against the above plaintiff's wages and retirement allowance claims against the above defendant. The plaintiff B retired from office and did not take over his/her successor's duties. The defendant is liable to pay the unpaid wages and retirement allowances after the business transfer is completed. 2) According to the main sentence of Article 43 (1) of the Labor Standards Act and Article 43 (1) of the Labor Standards Act, the defendant is obligated to pay the plaintiff's unpaid wages and retirement allowances after the above business transfer is directly paid to the worker in currency. Thus, it is not a set-off against the worker's wage claims with the employer's claim against the worker.