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(영문) 대전지방법원 2017.12.06 2016가단223804
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the plaintiffs' assertion

A. Plaintiff B: (a) from November 2006 to March 31, 2010; and (b) from April 1, 2010 to June 28, 2012, Plaintiff A was responsible for the general affairs of the Defendant Partnership’s Promotion Committee; and (c) the Defendant Partnership Promotion Committee resolved that the remuneration for general affairs was KRW 1,00,000 per month at the 13th meeting on November 29, 2006.

B. However, since the above plaintiffs were not paid wages while serving as the general duties of the committee for promotion of the defendant's association, the defendant is obligated to pay the plaintiff B 28 million won (=1 million won x 28 months), 26,933,000 won (=1 million won x (26 months x 28/30 days)) to the plaintiff A, and damages for delay.

2. As to the plaintiffs' above assertion, the defendant had already expired and expired the prescription period for the plaintiff B's wage claim. The plaintiff A did not have any wage claim against the defendant since it did not have been due to the general duties of the promotion committee, and even if it did, the wage claim also became extinct due to the completion of the prescription period.

In this case, it is apparent that the statute of limitation has expired unless the claim for wages has been exercised for three years, and that the lawsuit in this case was filed three years after the date on which the plaintiffs' wage claim occurred.

(A) According to the evidence No. 6, since the defendant union passed a resolution with the purport that part of the wages should be paid to the plaintiffs on September 15, 2012, it is apparent that the lawsuit in this case was filed after the lapse of three years thereafter. Therefore, since the plaintiffs' claim for wages has expired due to the completion of prescription, the defendant's defense is justified.

As to this, it is re-appealed to the purport that since the president of the Defendant Union made a statement to the effect that the Defendant Union would recognize the Plaintiffs’ wage claims around June 30, 2016, which was after the expiration of the extinctive prescription period, this would waive the benefit of prescription.

A debtor who is entitled to benefit of prescription shall waive the benefit of prescription after the extinctive prescription expires.

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