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(영문) 광주지방법원순천지원 2014.02.13 2013가합2512
급여등
Text

1. The defendant,

A. As to KRW 140,946,771 and its KRW 124,710,566 among them:

B. Plaintiff B: 47,700,888.

Reasons

1. Basic facts

A. The Defendant is a corporation established for the purpose of harbor tugboating business, harbor transport incidental business, etc., the Plaintiff A is a business director (from June 1, 2010 to May 27, 2013) in the Defendant Company, the Plaintiff B is a vice-director (from July 21, 1997 to May 21, 2013) and the Plaintiff C was a director (the working period from March 18, 2002 to May 21, 2013).

B. On September 4, 2013, the Plaintiffs confirmed the details of the delayed payment money and valuables from the female branch of the Korea Labor Agency in Gwangju Regional Employment and Labor Office as follows. On January 7, 2014, the Plaintiffs received the payment claim amounting to KRW 18,434,720 from Plaintiff A, Plaintiff B, and Plaintiff C, as the distribution claim amount, in the instant court E-distribution procedure, the payment claim amounting to KRW 6,354,710 from Plaintiff B, and Plaintiff C, 2,516,846, respectively.

On May 2013, A 3,918,00 3,412,450 12,487,620,627,245,216 143,145,286 2 B 2,843,843,000 2,843,843,000,2400,249,249,95056, 0048,548,950,950,32,401,32,400,423,000,423,601,401,463,46,46,400,67, 205 of the total interim retirement allowances, or special work allowances (wons).

2. The parties' assertion

A. The plaintiffs' assertion is obligated to pay to the plaintiffs the remaining money excluding the amount distributed in the payment procedure of the overdue benefits to the court E, and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act.

B. (1) The Defendant’s assertion (i.e., the amount of the Plaintiff’s claim that was made by the Defendant Company A, the amount of the business performance agreement between the Defendant Company and the Plaintiff is not concluded, and the amount of the business performance agreement was made in collusion with F, and thus excluded. The claim amount of the Plaintiff B is not recognized as having been made in collusion with F, and the claim amount of the Plaintiff B is recognized even if it was made in collusion with F.

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