logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2020.12.22 2020가단54734
부당이득금
Text

The defendant 6,022,460 won to the plaintiff A, 6,221,570 won to the plaintiff B, and 10,136,986 to the plaintiff C, and 10,238.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap evidence Nos. 1 through 4 (including the number of branch numbers), the plaintiffs were employed in G operated by the Labor Welfare Corporation and provided labor until March 3, 2018. However, the plaintiffs were paid 14,72,460 won as wages for the last three months and retirement benefits for the last three years under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, which have a preferential right to payment under the Labor Standards Act, and the retirement benefits for the last three years; Eul was not paid 12,221,570 won for the plaintiff Eul; Eul was 20,136,986 won for the plaintiff Eul; and Eul was not paid 18,238,20 won for substitute payment from the Korea Labor Welfare Corporation; ② The plaintiffs were paid 400,000 won for substitute payment from the plaintiff 40,000 won for the plaintiff 20,000 won for the remainder of the wages and retirement benefits; ③ The court of the plaintiff 4000,00,000,00 won.

According to the above facts, the plaintiffs' wages and retirement allowances claims should be paid in preference to claims secured by pledges or mortgages on the whole property of F which is the employer under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, but in case of the plaintiff A, 6,022,460 won (=14,722,460 won - 4,000,700 - 4,700,000 won - 6,221,570 won for the plaintiff B (=12,221,570 - 4,000,000 - 2,000,000 won - 10,136,986 won in case of the plaintiff C (20,136,986 - 4,000,000 won - 6,000,000 won in case of the plaintiff's secured claims).

arrow