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(영문) 울산지방법원 2016.11.02 2016가단51049
임금
Text

1. The Defendant: 11,287,410 won to Plaintiff A; 18,947,100 won to Plaintiff B; and 12,984,910 won to Plaintiff C; and each of them.

Reasons

1. Basic facts

A. The defendant is the representative of the Fmechanic E in Ulsanbuk-gu.

B. From March 1, 2011 to November 10, 2015, Plaintiff A served as an inspector, respectively, from November 29, 2012 to December 5, 2015, and Plaintiff B as the chief inspector from December 27, 2010 to December 5, 2015.

C. The Defendant did not pay the Plaintiff A total of KRW 11,287,410, total of KRW 5,348,870, and KRW 5,938,540, total of KRW 11,287,410, total of KRW 9,130,00, total of KRW 9,816,170, total of KRW 18,947,100, total of KRW 6,136,850, total of annual salary, annual salary, KRW 6,848,060, and KRW 12,984,910.

The Defendant was indicted by the Ulsan District Court 2016 High Court 2016 High Court 666 and was sentenced to a fine of KRW 3,000,000 from the above court on August 18, 2016 on the ground that the aforementioned wage was not paid.

The defendant appealed against this.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-1, 2-2, Gap evidence 3, the purport of the whole pleadings

2. Determination

A. According to the Defendant’s above recognition of the Defendant’s obligation to pay wages, the Defendant is obligated to pay the Plaintiff’s wages of KRW 11,287,410, KRW 18,947,10, and KRW 12,984,910 to the Plaintiff and KRW 12,910 to the Plaintiff, as the Plaintiff seeks, 5% per annum as prescribed by the Civil Act from February 16, 2016 to November 2, 2016 of the date the instant complaint was served on the Defendant, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. (1) The defendant's assertion that there is no obligation to pay annual allowances is not the obligation of the plaintiffs to pay annual allowances by using both annual leave while working in the above industrial company. However, the defendant's assertion is without merit, since there is no evidence to acknowledge the defendant's assertion.

(2) The Defendant shall withdraw the Plaintiffs’ damages in a group with the aim of causing damages to the Defendant.

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