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(영문) 춘천지방법원원주지원 2017.09.28 2016가단2719
임금
Text

1. The Defendant (Counterclaim Plaintiff) refers to the “personal amount” in the attached Form No. 1 of the cited amount sheet to the Plaintiff (Appointed Party) and the Appointed Party.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Determination on the main claim

A. The designated parties, the designated parties, C, and D were employed by the Defendant Company as an employee as stated in the “period of employment” column set forth below, and retired from office, but did not receive the amount stated in the following table’s “Unpaid details.”

On February 3, 2015, 200 won (wages and retirement allowances) 15,018,000 won (wages and retirement allowances) from the beginning date of the service period of the designated parties, the number of which was 15,01,550,00 won (wages) on February 18, 2016 - May 6, 2015 (wages) - February 14, 2016 : D 5,680,000 won (wages) on May 7, 2015; - on May 7, 2015, 2016 - aggregate 32,248,000 won on February 25, 2016 / [Grounds for recognition], Gap 1,248,00 won (including the number of pleadings); the purport of the entire pleadings

B. According to the above facts of recognition, the defendant is obligated to pay the designated parties, appointed parties C, and D the amount indicated in the "number of unpaid damages" column of the above table, as well as damages for delay calculated at the rate of 20% per annum from each corresponding day to the day of full payment, as requested by the plaintiff, to the day of full payment.

2. Judgment on the counterclaim

A. The Defendant’s assertion 1) The appointed party is the vehicle indicated in the separate sheet (hereinafter “instant vehicle”) owned by the Defendant Company on the ground that the Defendant Company would not pay benefits.

(2) The designated party has the obligation to pay the Defendant for unjust enrichment of KRW 26,070,00 (one hundred and twenty thousand won per day x 237 days) due to the use of the instant vehicle without permission from January 5, 2016 to August 28, 2016, and for the period of unauthorized use of the instant vehicle, the sum of KRW 2,824,734, totaling twenty eight thousand,894,734, and damages for delay thereof during the period of unauthorized Use of the instant vehicle. (2) the designated party C, and D, on the ground that the Defendant Company did not pay the Defendant’s salary, have taken two GPS survey machinery owned by the Defendant Company without permission from January 5, 2016 to February 19, 2016.

The appointed parties C and D shall jointly serve the defendant.

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