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(영문) 청주지방법원 영동지원 2018.11.16 2018가단571
임금
Text

1. The defendant,

A. The Plaintiff 29,69,964 won and 29,646,024 won among them shall be fully paid to Plaintiff A from September 11, 2018.

Reasons

1. Basic facts

A. From June 1, 2015 to February 20, 2018, Plaintiff A served as an employee of the Defendant. On May 23, 2018, the head of the Daejeon Regional Employment and Labor Office issued to Plaintiff A a written confirmation of the employer’s delayed payment of wages, etc. to confirm that Plaintiff A has claims of KRW 24,38,720, retirement allowances, and retirement allowances of KRW 5,257,304 from August 1, 2017 to February 2018.

B. From June 15, 2016 to May 31, 2017, Plaintiff B served as an employee of the Defendant. On March 28, 2018, the head of the Daejeon Regional Employment and Labor Office issued to Plaintiff B a written confirmation of overdue wages, etc. and the business owner’s confirmation confirming that Plaintiff B has a claim of KRW 1,800,000 for the wages of May 28, 2017 with respect to the Defendant.

C. From June 12, 2017 to February 20, 2018, Plaintiff C served as an employee of the Defendant, and on April 26, 2018, the head of the Daejeon Regional Employment and Labor Office issued to Plaintiff C a written confirmation of overdue wage, etc. to confirm that the claim of KRW 4,071,230 was in arrears with respect to the Defendant from December 26, 2017 to February 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found in the judgment as to the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff’s unpaid wages and retirement allowance 29,646,024 won, and damages for delay thereof, and the Plaintiff was paid KRW 3,00,000 from the Defendant on September 10, 2018. As such, the Plaintiff is the person who was paid KRW 3,00,000 from the Defendant on September 10, 2018. Accordingly, if the Plaintiff’s repayment is made in the order of damages for delay and the principal amount, the principal amount is 29,646,024 won and damages for delay and KRW 53,946 [3,053,946 [i] principal amount is 29,646,024 won x 20% x 188/365].

Therefore, the Defendant calculated 29,69,964 won unpaid to Plaintiff A (=29,646,024 won) and 29,646,024 won among them at the rate of 20% per annum as stipulated by the Labor Standards Act from September 11, 2018 to the date of full payment, which is the day following the Defendant’s final repayment date.

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