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(영문) 서울서부지방법원 2019.10.08 2018가단225565
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,022,846 and the interest rate of KRW 20% per annum from May 15, 2017 to the day of complete payment.

Reasons

1. The Plaintiff provided labor at the Defendant Company from July 1, 2012 to April 30, 2017, but did not receive the total of KRW 45,875,584 in wages, retirement allowances, and unused annual allowances from July 1, 2014 to April 30, 2017, and received KRW 10,240,920 as substitute payments among them.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. According to the facts found above, the Defendant is obligated to pay the Plaintiff the remainder of KRW 23,02,846 [the amount calculated by subtracting the total amount of accrued wages, retirement allowances, and annual annual allowances paid to the Plaintiff from July 2014 to June 2015, 11,489,658, the total amount of unpaid wages paid to the Plaintiff from July 2014 to June 2015, 2015, plus KRW 580,320, the annual allowances of 2014 plus KRW 45,875,584 - (10,920, KRW 11,489, KRW 6588, KRW 580, KRW 580) and delay damages from the date of the expiration of the period from 205th day to 205th day of the day after the lapse of the period from 2015.

Although the Defendant asserts that the statute of limitations has expired prior to July 2015, the Plaintiff claimed the unpaid wages, retirement allowances, and unpaid annual allowances only for the remainder of the period except for the portion for which the statute of limitations has lapsed, since the Defendant changed the purport of the claim and the cause of the claim on August 12, 2019 following the Defendant’s defense for the completion of the statute of limitations. Therefore, this part of the Defendant’s assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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