Text
1. Defendant B Co., Ltd.: KRW 7,981,931 and any of them
(a) As regards KRW 3,847,825, August 15, 2011, and 2.
Reasons
1. Determination as to the claim against Defendant B
A. In full view of the purport of the entire pleadings in evidence Nos. 1-1, 2, 8, and 9, the Plaintiff’s claim for unpaid wages, etc., as a whole, the Defendant B Co., Ltd. (hereinafter “Defendant Company”) from April 1, 2010 to July 31, 201.
(2) As to the Plaintiff’s assertion that the payment of unpaid benefits was not paid KRW 2 million on June 2010, the Defendant Company asserted that the payment of unpaid benefits was 3 years from the date of occurrence, and that the period of extinctive prescription had run from June 26, 2010. The instant lawsuit was filed on June 23, 2014 after 3 years from the filing of the lawsuit. As such, the Defendant Company’s claim for unpaid benefits was filed on June 23, 2014, and thus, the period of extinctive prescription had expired before the filing of the lawsuit. Accordingly, the Defendant Company’s claim for unpaid benefits was based on the grounds that the period of extinctive prescription had expired from June 2010 to June 2010. The Plaintiff asserted that the period of extinctive prescription had expired from June 23, 2014 to June 23, 2014. Accordingly, the Defendant Company’s defense that the payment of unpaid benefits had already been made on June 2010.
However, in the case of benefits determined on the monthly payment date, the benefits paid on the monthly payment date shall be deemed to have been paid as the consideration for the provision of labor in the relevant month. Unless there is an agreement on the designation or appropriation of appropriation for payment by the employer who is the repayment date, it cannot be deemed to have been appropriated for the unpaid benefits for which the employee voluntarily paid the payment date.
3) Claim for unpaid retirement allowance and annual leave allowance (A) (1) the Plaintiff entered the Defendant Company on April 1, 2010.