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1. Defendant C Co., Ltd.: (a) KRW 61,960,338; and (b) KRW 17,304,194; and (c) KRW 17,304; and (b) each of the said money to Plaintiff C Co., Ltd.
Reasons
1. As to the claim against Defendant C Co., Ltd. (hereinafter “Defendant C”), the fact that Plaintiff A worked in Defendant C from December 2, 2007; from July 17, 2013, Plaintiff B retired on January 2, 2018; Defendant C did not pay KRW 61,960,338 out of the wages and retirement allowances to Plaintiff C; and KRW 17,304,194 out of the wages and retirement allowances to Plaintiff B may be acknowledged by the entry of the evidence No. 1.
According to the above facts, Defendant C is obligated to pay the Plaintiff A the unpaid wages and retirement allowances of KRW 61,960,338, the unpaid wages and retirement allowances of KRW 17,304,194, and damages for delay calculated at the rate of 20% per annum from January 17, 2018 to the date of full payment, which is the following day after the 14th day from the date the Plaintiffs retired.
The Plaintiffs seek for the payment of damages for delay on the unpaid wages and retirement allowances from January 16, 2018, but damages for delay on the unpaid wages and retirement allowances arise from the date following the 14th day after the date on which the cause for such payment occurred (see Article 37(1) of the Labor Standards Act). Thus, the Plaintiffs cannot accept any claims for damages for delay exceeding the above recognized scope.
2. Determination as to the claim against Defendant D
A. The summary of the plaintiffs' assertion is that Defendant C received sales claims, etc. from Defendant C's employees on behalf of Defendant C, and then received them in proportion to workers who were paid them. Accordingly, Defendant D received the sales claims, etc. from E Co., Ltd., and accordingly, paid the above sales claims, etc. from the E Co., Ltd., and the amount that the plaintiff A has to receive is KRW 15,032,752, and the amount that the plaintiff B has to receive is KRW 4,540,87.
Therefore, Defendant D is obligated to pay KRW 15,032,752 to Plaintiff A and KRW 4,540,887 to Plaintiff B, respectively.
B. The Plaintiffs are deemed to have received payment from Defendant D from E Co., Ltd.