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(영문) 수원지방법원 2017.08.17 2016가단48231
임금등
Text

1. The defendant shall have the amount claimed by the plaintiff (designated parties) and the selected parties and the amount claimed by the designated parties in the annexed Form.

Reasons

1. In full view of the overall purport of the arguments in evidence Nos. 1 through 5 (including paper numbers) of the judgment on the cause of the claim, the fact that the plaintiff (appointed party) and the appointed party worked for the defendant company for each of the periods stated in the claim amount by the designated party in the separate sheet and the service period column of the initial date in the defendant company, and the defendant did not pay the plaintiff (appointed party) and the appointed party wages and retirement allowances in the amount stated in the separate sheet of each claim amount.

Therefore, the defendant is obligated to pay to the plaintiff (designated parties) and the appointed parties the amount of claims by the designated parties, the amount of claims in the column of the initial date of calculation, and each of the above amounts, calculated at the rate of 20% per annum from the initial date of calculation to the date of full payment, respectively, of the claims by the plaintiff (appointed parties) and the designated parties for each of the above amounts, 14 days after the retirement date of the plaintiff (appointed parties) and the designated parties.

2. Judgment on the defendant's assertion

A. Although the defendant representative director C alleged that he was D, the defendant representative director C was the actual operator of the defendant company, it was registered C as the representative director in the copy of the defendant company's register, and there is no reason to recognize the extinguishment of the legal representation right, and the above assertion

B. The defendant asserts that the designated person E is not eligible for retirement allowances since he worked as a part-time lecturer. However, in full view of the evidence and the purport of the whole arguments, it is reasonable to see E as the defendant's employee, since the selected person E provided labor for the purpose of wages under the defendant's direction and supervision.

Therefore, the defendant's above assertion is not accepted.

3. The claim of this case by the plaintiff (appointed party) is justified and acceptable.

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