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(영문) 수원지방법원 성남지원 2018.11.28 2018가단202353
임금
Text

1. Defendant B and the Defendant (Counterclaim Plaintiff) Co., Ltd. are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 18,518,91.

Reasons

1. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) retired from office in the Defendant Counterclaim Co., Ltd. (hereinafter “Defendant Co., Ltd.”) from August 1, 2014 to September 15, 2015, and retired from office in the Defendant Counterclaim Co., Ltd. (hereinafter “Defendant Co., Ltd.”). (hereinafter “Defendant Co., Ltd.”). The Defendant B did not receive total of KRW 18,518,91, such as wages and retirement allowances, etc. on July 1, 2015 and September 2015. The Defendant B, as the representative director of the Defendant Co., Ltd., filed a summary order with the Suwon District Court Branch Branch Decision 2016Ra1849 on April 3, 2017, filed a summary order of KRW 1,000,000 for the instant overdue payment, and the summary order became final and conclusive around that time, even if the Defendants failed to pay the said overdue payment, the Defendants did not dispute between the parties, or acknowledged the entire purport of pleadings in accordance with Gap evidence evidence No.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff 18,518,911 won in arrears and 14 days after the date of retirement, and as requested by the Plaintiff, the original copy of the instant payment order was served on the Defendants as requested by the Plaintiff (Defendant B shall be from November 17, 2017 to November 30, 2017; Defendant Company shall be liable to pay the amount equivalent to 15% per annum as requested by the Plaintiff within the scope of delayed interest rate stipulated in the Labor Standards Act and the Enforcement Decree of the Labor Standards Act.

2. According to the reasoning of the evidence Nos. 1 through 3 and the entire purport of the pleadings, the Defendant Company is recognized to have remitted to the Plaintiff the amount of KRW 1.2 million on December 26, 2014, KRW 20 million on April 10, 2015, KRW 20 million on April 10, 2015, as a loan, and KRW 3.6 million on January 12, 2015, respectively, as a provisional payment.

According to the above facts, the Plaintiff’s counterclaims of this case requesting the performance of the above loans to the Defendant Company as requested by the Defendant Company and the total amount of KRW 41,600,000,000, reached the Plaintiff.

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