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(영문) 광주지방법원 2018.11.16 2015가단41850
임금 등
Text

1. The defendant shall pay to the plaintiff KRW 70,723,099 and KRW 54,332,737 among them from July 19, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant’s actual management owner C was convicted of two years of imprisonment and three years of suspended execution due to the violation of the Labor Standards Act due to the following criminal facts, and the judgment became final and conclusive.

(C) The Defendant is an actual owner of “stock company E” and “B stock company” located in Changwon District Court Dagwon Branch 2016dan190 decided June 30, 2017, and the Changwon District Court 2017No2081 decided July 18, 2018, and Supreme Court 2018 Supreme Court Decision 2018Do12469 Decided September 21, 2018). The Defendant is an actual owner of “A” located in Changwon District Court Da and “B company” located in the Gyeongnam-gun F, the Defendant is an employer who conducts a business of manufacturing Atopy functional water using four full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the Plaintiff’s total wage of KRW 63,00,000, retirement allowance of KRW 7,927,930, and retirement allowance of KRW 7,930,00 within 14 days from the date of retirement without agreement between the parties on the extension of the due date, which was an employee from August 26, 2009 to August 29, 2014.

B. On July 11, 2018, the Gwangju District Court deposited the Plaintiff’s total amount of KRW 70,927,930 (=63,00,000 KRW 7,927,930) of the unpaid wages and retirement allowances (=63,00,000 KRW 7,927,930) with the Gwangju District Court, and the Plaintiff reserved and received the objection on July 18, 2018.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 11, 12, 13, and 15, and the purport of the whole pleadings

2. A claim for wages and retirement allowances;

A. According to the facts found in the judgment as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid wage and retirement allowance of KRW 70,927,930 and damages for delay thereof. Meanwhile, the deposit does not fully cover the aforementioned unpaid wage and retirement allowance and the damages for delay, but it is valid as part of the payment, as the Plaintiff reserved and received the objection.

Therefore, the deposit money is stipulated in Article 479 of the Civil Code.

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