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(영문) 울산지방법원 2017.09.20 2017나1004
임금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Comprehensively taking account of the facts of recognition and the purport of Gap evidence No. 1 and the entire pleadings, the plaintiff provided labor to the workplace of "C" operated by the defendant from December 1, 2015 to February 10, 2016, and the fact that the plaintiff did not receive wages of KRW 1,00,000 for the above period.

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 20% per annum from February 10, 2016 to the date of full payment, which was 14 days after February 10, 2016, which was 14 days from February 25, 2016.

As the defendant asserts that he will repay his obligation through filing an application for individual rehabilitation, the defendant filed an application for commencement of individual rehabilitation procedures with the Changwon District Court 2016da2305, but the plaintiff was not included in the list of creditors. Thus, this part of the defendant's assertion is without merit.

2. In conclusion, the plaintiff's claim of this case shall be accepted on the ground of its reasoning, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed on the ground that it is without merit. It is so decided as per Disposition.

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