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(영문) 창원지방법원 통영지원 2017.04.26 2016가단6179
임금
Text

1. The defendant,

A. From January 15, 2016 to Plaintiff A, KRW 7,366,484 and its related thereto:

B. Plaintiff B: 23,394,124.

Reasons

According to the statements in Gap evidence Nos. 1 through 4, the plaintiff Gap provided the defendant with labor from June 4, 2013 to December 31, 2015, but did not receive 12,96,484 won in total as wages and retirement allowances for July 2015, and ② The plaintiff Eul provided the defendant with labor from December 29, 2008 to April 30, 2016, but did not receive 40,194,124 won in total as wages and retirement allowances for July 2015, and ③ the plaintiffs applied for substitute payment to the Korea Workers' Compensation and Welfare Service, and the plaintiff Eul received 8,400,000 won in total as wages and retirement allowances for the plaintiff Eul and 8,400,000 won in total.

Therefore, the Defendant is obligated to pay the Plaintiff A totaling KRW 7,366,484 (i.e., KRW 12,96,484 - KRW 5,600,00) and damages for delay calculated at the rate of 20% per annum as prescribed by the Labor Standards Act from January 15, 2016, following the 14th day from the date the Plaintiff retired, to January 15, 2016 (i.e., KRW 40,194,124 - KRW 8,400,000 - KRW 8,40,000) and the amount of unpaid wages and retirement allowances paid to Defendant B from the 14th day from the date of the retirement of the said Plaintiff, to the date of full payment from May 14, 2016 to the date of full payment.

Thus, the plaintiffs' claim of this case is accepted on the ground of the reasons.

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