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(영문) 창원지방법원통영지원 2015.11.10 2015가단4084
임금
Text

1. The defendant shall enter the designated parties, including the plaintiff (designated parties) in the aggregate sheet of accounts payable.

Reasons

1. According to the purport of Gap evidence No. 1’s statement and the entire argument as to the cause of the claim, the following facts are acknowledged: (a) although the designated parties including the plaintiff (appointed parties) provided labor under the employment of the defendant during the period indicated in the attached document column for the period of work in the attached document stating the amount payable; (b) it is recognized that the plaintiffs did not receive wages, etc. in the item on the attached document column; and (c) it is recognized that the plaintiffs received money from the Busan Regional Employment and Labor Office under the Wage Claim Guarantee Act, which should be deducted from the amount of unpaid wages pursuant to the same table.

Therefore, barring special circumstances, the defendant is obligated to pay each of the money and its delay damages in the aggregate sheet of the accounts payable to the plaintiffs.

2. The defendant's assertion is justified since the plaintiffs received all accrued wages from the Busan Regional Employment and Labor Office in accordance with the Wage Claim Guarantee Act. However, there is no evidence to support that the plaintiffs received money from the Busan Regional Employment and Labor Office in return for a substitute payment which must be deducted from the Busan Regional Employment and Labor Office. Thus, the defendant's assertion is without merit.

3. Therefore, the defendant is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in Article 37 of the Labor Standards Act and Article 17 of the Enforcement Decree of the Labor Standards Act from December 16, 2014 to the date of full payment as of December 16, 2014, which is 14 days after the plaintiffs' 14 days have elapsed from the date of providing labor. Thus, the plaintiffs' claim of this case is justified and it is so decided as per Disposition.

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