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(영문) 광주지방법원목포지원 2017.11.30 2016가단56135
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) The network D (hereinafter “the network”).

The Plaintiff died on August 25, 2016 from Samsung Seoul Hospital located in Gangnam-gu to “waste cancer.” (2) The Plaintiff is the birth of the Deceased. Defendant B is the deceased’s wife, Defendant C is the deceased and Defendant B’s children.

3) E gave birth to F date G between the Deceased, and G was recognized as the natural father of the Deceased on January 25, 2017 through a suit for recognition claim by the Gwangju Family Court Decision 2016Ddan11683. B. The Deceased related to the vessel ownership from March 30, 2006 to the power-driven vessel H (hereinafter “H vessel”).

) Eul, from March 23, 2009 to March 23, 2009 I (hereinafter “I”) for power-driven vessels I

The deceased owned the vessel (the deceased was registered in the fishing vessel registry in the name of J, K and L for each of the above vessels, but completed the registration of transfer in his future after the lapse of 2012.

(i) [In the absence of dispute over the grounds for recognition, entry in Gap evidence 1, 2, and 14, evidence 3-1, 2, evidence 9-1, 2, and Eul evidence 1, the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff entered into an employment contract with the Deceased, and worked as the captain of H ship from February 19, 2014 to December 31, 2014, and the Deceased would pay KRW 150 million to the Plaintiff for the said period on August 24, 2016 (hereinafter “instant agreement”).

(2) As the deceased paid only KRW 78 million as the wages for the above period, the Defendants are liable to pay their respective share of inheritance among the unpaid wages as the inheritor of the deceased. 2) The Plaintiff, even though he worked on the deceased’s ship from March 31, 2006 to December 31, 2014, did not receive retirement allowance of KRW 108,283,00,000 from the deceased’s ship, so the Defendants are liable to pay their share of inheritance among the unpaid retirement allowances as the inheritor of the deceased.

B. Even if the Defendant’s assertion 1 did not have concluded the instant agreement or the instant agreement was concluded, the Deceased’s ability to perform his/her duties.

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