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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2020.11.13 2020나54295
임금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. According to the records of this case, the records of this case, significant facts, and the purport of the entire pleadings in this court, the first instance court, after serving the lawsuit by public notice from the duplicate of the complaint to proceed with the litigation, rendered a judgment accepting the whole claim of this case by the plaintiffs on February 2, 2010. The original copy of the judgment was served on the defendant by public notice, and the defendant knew of the fact that the lawsuit of this case was filed by the plaintiff B on March 2, 2020 with the notice of the decision on the seizure and collection order as the creditor. The same month was the same.

6. It can be recognized that the judgment of the court of first instance was rendered and the facts of service by public notice were known at the Gwangju District Court only after obtaining an original copy of the judgment of the court of first instance, and filed an appeal for subsequent completion on the 12th of the

According to the above facts, it is reasonable to view that the defendant was unable to observe the period of appeal, which is the peremptory period, due to a cause not attributable to the defendant. Thus, the appeal for subsequent completion filed within two weeks from the date on which the court of first instance became aware of the service by public notice is lawful.

2. Determination as to the cause of action

A. According to the facts and the purport of the entire pleadings and arguments in this court, the fact that the Defendant did not pay KRW 8,248,00 of the Plaintiff A’s wages and KRW 3,136,00 of the Plaintiff B’s wages, which the Defendant had worked in the above kindergarten while operating the kindergarten, as well as KRW 3,136,00 of the Plaintiff B’s wages, in relation to the above delayed payment of wages, the Defendant was issued a summary order of KRW 1 million on December 11, 2009 by the Gwangju District Court Decision 2009 High Court Decision 24392, and the above summary order became final and conclusive on January 19, 2010.

Therefore, barring special circumstances, the Defendant calculated the rate of 20% per annum as stipulated in the Labor Standards Act from January 27, 2010 to the day of full payment, which is the following day after the 14th day from the date the Plaintiffs finished their labor, with respect to the Plaintiff A’s unpaid wages of KRW 8,248,00, and the unpaid wages of KRW 3,136,00 and each of them.

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