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(영문) 대구지방법원 김천지원 2021.02.18 2020가단2942
임금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 28,00,000 won and the period from September 24, 2020 to February 18, 2021.

Reasons

1. Facts recognized;

A. The position of the parties concerned and relationship 1) Nonparty D Co., Ltd. (hereinafter “D”) is a company established on February 5, 2014 and engaged in the business of crushing and selling aggregate, etc., and Nonparty E Co., Ltd. (hereinafter “E”) is a company established on April 23, 2014 and engaged in the business of crushing and selling aggregate.

The non-party F (G livelihood) is the actual management owner of each of the above companies with interest registered as the auditor of each of the above companies.

2) Plaintiff (H) worked as D during the period from August 1, 2018 to January 31, 2019, and worked as E during the period from February 1, 2019 to October 31, 2019.

3) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on August 30, 2019 and engaged in land aggregate extraction business, etc. as a business purpose. Nonparty C is the actual owner of the Defendant Company.

B. The Plaintiff, such as the Plaintiff’s overdue wages, did not receive a total of KRW 22.5 million out of the wages during the period in which he/she worked as D, and did not receive a total of KRW 28.8 million out of the wages during the period in which he/she served as an employee of E.

(c)

On May 4, 2020, Nonparty F and the Defendants prepared a written agreement (hereinafter “instant agreement”) and delivered it to the Plaintiff on May 4, 2020, and the said written agreement was accompanied by Nonparty F and the Defendants’ certificate of seal impression.

Creditors of an agreement on the payment of accrued wage claims and succession thereto: The plaintiff (the plaintiff in a position)

1. Obligor: President (the largest shareholder of the E or D corporation, who actually engages in the business of extracting aggregate in the name of another person, and who trades or transfers the business to the defendant company);

2. Joint and several guarantors of the above debtor F (the successors to debts);

(a) Defendant Company (representative: I);

B. (In fact, the owner and operator of Defendant Company) The address of Defendant C’s joint and several guarantors: The wage claim that the said obligee had not received at the time when he/she had worked in E and D.

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