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(영문) 서울서부지방법원 2016.08.17 2014가단48111
체불금품
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 37,039,639 and its payment from September 27, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

From April 5, 2008 to September 12, 2014, the Plaintiff was employed by the Defendant Company and worked for the period from April 5, 2008 to September 12, 2014, and the Defendant’s failure to pay the total of KRW 37,039,639 does not conflict

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the total amount of 37,039,639 won in arrears and damages for delay calculated at the rate of 20% per annum as provided by the Labor Standards Act from September 27, 2014 to the date of full payment, which is clear that it is the 14th day after the date of retirement.

In regard to this, the Defendant asserted that Nonparty B claimed excessive wages by preparing a false statement of daily labor cost payment as if more than the number of people actually invested in relation to the type mold C among the new construction works of Dongdaemun-gu Seoul Metropolitan Government, and incurred damages to the Defendant as stated in the counterclaim claim. The Plaintiff conspired with B to commit the above tort and agreed to compensate the Defendant’s monetary damage by preparing a late statement after the end of time, etc., the Defendant asserted that the Plaintiff has the damage claim or the contract deposit claim against the Plaintiff. The Defendant asserted that this offsets the Plaintiff’s damages claim against the Plaintiff within the extent equal to the amount of the Plaintiff’s wage claim with the automatic claim, and at the same time, sought payment as a counterclaim.

In light of all the circumstances revealed in the pleadings, including the reasons why B made the Defendant to claim excessive wages, and the criminal case result, the Plaintiff bears the joint and several liability against the Defendant (non-joint and several liability) solely on the statement in the evidence Nos. 1 through 11, i.e., whether B bears the liability for damages against the Defendant, regardless of whether B bears the liability for damages, etc.).

(i) In short, it is insufficient to recognize that the Plaintiff jointly with the Defendant as the liability for damages, etc., and there is no evidence to acknowledge otherwise, the Defendant’s above defense and counterclaim are without merit.

(q).

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