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(영문) 대전지방법원서산지원 2015.10.14 2015가단7062
임금및퇴직금
Text

1. The defendant shall be in arrears with the plaintiff (appointed party) and the appointed party, stating the details of the reported case by place of business in attached Form.

Reasons

According to the purport of Gap evidence No. 1 and all the arguments, the plaintiff (appointed party) and the designated parties (hereinafter "Plaintiffs") provided labor at the defendant's workplace which is a merchant under the Commercial Act, but did not receive wages and retirement allowances, such as the late payment of reported cases by each workplace.

Therefore, the defendant is obligated to pay the plaintiffs the overdue wages and retirement allowances in arrears stated in the details of the reported case by attached business place, and each of them, at the rate of 6% per annum from March 14, 2015 to August 6, 2015, which is the service date of the original copy of the payment order in this case, and at the rate of 20% per annum from the next day to the day of full payment.

The defendant asserts that the contents of the overdue wages and retirement allowances in arrears stated in the details of each reported case by place of business are recognized, but they are paid in Cheongnam Construction Co., Ltd., and that the defendant is currently insolvent.

However, there is no evidence suggesting that payment should be made in the Cheongnam Construction Co., Ltd., and there is no evidence suggesting that the obligation was reported and settled in the bankruptcy procedure, and it cannot be exempt from the obligation of this case solely on the ground that it was bankrupt.

The plaintiffs' claims shall be accepted with due reason, and it is so decided as per Disposition.

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