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(영문) 서울중앙지방법원 2016.08.26 2014가단209201
임금
Text

1. The Defendant (Counterclaim Plaintiff) KRW 12,478,326 to the Appointed C, and KRW 28,741,148 to the Plaintiff (Counterclaim Defendant, Appointed Party).

Reasons

1. The plaintiff and the designated parties received the lecture fees from the defendant while lectures from the defendant to the elementary, middle, and high school students at the educational institute to which the defendant belongs, and the designated parties C shall be 2011:

2. From November to April 11, 2014, Plaintiff A was demoted from February 28, 2011 to February 28, 2014; Plaintiff D from February 20, 2012 to July 6, 2013; and Selection E from March 3, 2012 to June 16, 201, respectively.

From January 2012 to March 2014, the Defendant paid 90% of the dental treatment to the Selection C, respectively, from January 2012 to January 2014, and from January 2014, to January 2014, the remainder of 10% was not paid. The sum of the dental treatment not received by the Selection C is KRW 4,061,163, and the sum of the dental treatment not received by the Plaintiff is KRW 11,670,375.

The Defendant’s representative director F was sentenced to a fine of KRW 5 million on September 10, 2015 in Seoul Central District Court Decision 2014 High Court Decision 4688, 2015 High Court Decision 2015 High Court Decision 147, 2015 High Court Decision 5 million won. The summary of the criminal facts is that “F did not pay KRW 8,417,163, Plaintiff’s retirement pay as the Defendant’s representative director, KRW 17,070,773, and KRW 2,733,831, and KRW 2,98,293 of the Appointed’s retirement pay as the Defendant’s retirement pay.”

The F’s appeal against the above judgment was dismissed on January 15, 2016 (Seoul Central District Court 2015No3734), and the above judgment became final and conclusive on January 23, 2016.

【Reasons for Recognition: Each entry in the Evidence Nos. 4 and 6, and the purport of the whole pleadings】

2. Determination on the main claim

A. According to the facts of the judgment on the cause of the claim, the Defendant: (a) KRW 12,478,326 (=Retirement Allowance of KRW 8,417,163); (b) KRW 28,741,148 (=Retirement Allowance of KRW 17,070,773); and (c) KRW 2,73,831 (Retirement Allowance of KRW 11,670,375); and (d) KRW 2,98,293 (Retirement Allowance) and each of the above amounts to the designated parties, barring any special circumstances, the Plaintiff and the designated parties, after the lapse of 14 days from the date of their retirement.

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