(영문) 대구지방법원김천지원 2020.11.25 2020가단3037

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(영문) 대구지방법원김천지원 2020.11.25 2020가단3037

급료등

Text

1. The defendant shall pay 38,612,637 won to the plaintiff and 12% per annum from August 28, 2020 to the day of complete payment.

Reasons

1. The following facts may be acknowledged in full view of each entry in Gap evidence 1, 2, and Eul evidence 1, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:

The defendant is a corporation established for the purpose of collecting construction aggregate and selling incidental projects, and the plaintiff was enrolled in the defendant company as the captain of dredging ship on January 1, 2018, and retired on February 24, 2020.

B. The Plaintiff was not paid KRW 3,53,220 on July 24, 2020, including the Plaintiff’s failure to receive the wage of KRW 31,633,234, and retirement allowance of KRW 9,979,403 until February 24, 2020. The Plaintiff filed a petition with the Daegu Regional Employment and Labor Agency of the Defendant Company C on the ground that the Defendant Company’s representative was unpaid.

C. The Plaintiff and the representative C of the Defendant Company agreed to liquidate the unpaid wages and retirement allowances within one year by paying KRW 3,000,000 each month from May 2020 to the 15th day of each month.

(hereinafter “instant agreement”). D.

The Defendant paid KRW 3,00,000 to the Plaintiff around May 2020 according to the instant agreement, but failed to pay it thereafter, and the Plaintiff filed the instant lawsuit.

2. As to the main defense of safety, the Defendant agreed to the instant agreement on the unpaid wages and retirement allowances against the Plaintiff, and accordingly, paid KRW 3,00,000,00 to the Plaintiff, and subsequently, asserted that the Plaintiff was expected to pay the instant amount under the instant agreement, disregarding the instant agreement and filed the instant lawsuit. Accordingly, the instant lawsuit is deemed to have been brought against the Plaintiff’s non-prosecution agreement.

However, as seen earlier, although the agreement of this case between the plaintiff and the representative C of the defendant company was deemed to have existed, it cannot be deemed that there was an agreement to waive the right to trial on the unpaid wages and retirement allowance claims. Thus, the defendant's argument cannot be accepted.

3. Prior to the determination of the merits.

유사 판례

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-대전지방법원홍성지원 2016.05.31 2015가단6111

-청주지방법원 2020.06.24 2020가단3215