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(영문) 서울서부지방법원 2013.10.17 2013가합5077
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts have been operated by the Defendant as the executor of the business that newly constructs and sells the main apartment on the land outside Suwon-si, Suwon-si and 11, and as the model E in Suwon-si, Suwon-si, Suwon-si (hereinafter “instant model E”).

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. The plaintiffs' assertion

A. The Plaintiffs filed a claim for the payment of wages and retirement allowances from the Defendant Company’s employee, from October 11, 201 to January 25, 201, retired after they were in charge of the Defendant Company’s new construction and sales of apartments, including model voucher management, surrounding sale price and market feasibility survey, extension contract for the use of model voucher sites, and sales support business.

However, since the Plaintiffs were not paid monthly wages and retirement allowances from the Defendant on or after December 2010, the Defendant is obligated to pay the Plaintiff A wages of KRW 60 million from December 201 to November 201 (the monthly salary of KRW 5 million x 12 months), retirement allowances of KRW 6,976,790, and delay damages therefor, and Defendant B’s wages of KRW 23,66,660 (the monthly salary of KRW 2 million x the monthly salary of KRW 1,66,660) from December 201 to November 2011, and each obligation to pay retirement allowances of KRW 23,66,660 (the monthly salary of KRW 2 million x the monthly salary of KRW 1,66,60 on November 1, 2011) and damages for delay.

B. While Plaintiff A’s claim for the payment of the Plaintiff’s model cargo operating expenses, etc., while working in the instant model cargo service, the Defendant would thereafter pay all the expenses including accommodation and vehicle-related expenses if the PF loans are subsequently repaid, and first, the Defendant would operate the model cargo of this case at the expense of Plaintiff A. From January 201 to November 25, 2011, Plaintiff A paid KRW 8,943,800 as the model cargo operating expenses of this case from November 25, 201 to November 25, 2011, and KRW 30,910,906 as the model cargo operating expenses of this case.

At present, since the repayment of PF loans for the construction and sale of the above apartment was made in full, the defendant shall pay the plaintiff A the total of 44,804,706 won 8,943.

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