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(영문) 대구지방법원 2019.11.19 2019가단113441
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 46,428,140 and a rate of KRW 20% per annum from February 10, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who worked in Daegu Northern-gu C Superior, and the Defendant is a person who employed staff and gave instructions to work upon delegation by the C Superior Association, and the C Superior Association is a non-corporate group comprised of the owner and lessee of the said commercial building and delegated the management of the said commercial building to the Defendant.

B. From August 1, 2013 to January 26, 2017, the Defendant paid wages below the minimum wage amount by paying KRW 3,251 to the Plaintiff who worked as a parking manager at the above commercial building as a minimum wage amount. However, the Defendant did not pay KRW 46,428,140 in total for the unpaid wages and retirement allowances within 14 days from the date of retirement of the Plaintiff.

C. On April 20, 2018, the Daegu District Court (2018 Godan327) sentenced the Defendant to six months of imprisonment or one year of suspended execution with respect to the Defendant’s delayed payment of wages, etc., and the said judgment became final and conclusive on November 29, 2018 following the dismissal of appeal and the dismissal of appeal.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the Defendant, as the Plaintiff’s employer, is obligated to pay the Plaintiff’s total amount of KRW 46,428,140, and damages for delay at the rate of 20% per annum under Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from February 10, 2017 to the date of full payment, 14 days after the date when the cause for final payment occurred to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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