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1. The judgment of the first instance, including the claim of the Plaintiff A that was reduced by this court, shall be modified as follows.
Reasons
1. According to the records in this case as to the legitimacy of the appeal filed by Defendant C’s appeal, the first instance court rendered a judgment accepting all the Plaintiffs’ claims on May 29, 2018 after serving a copy of the complaint against Defendant C, notice of the date of pleading, etc. by public notice, and served on May 29, 2018. The original copy of the judgment was served on Defendant C by public notice on June 2, 2018, and Defendant C filed the instant appeal on June 18, 2018 is obvious or clearly indicated in the records.
Therefore, Defendant C could not observe the peremptory appeal period, which is the peremptory period, due to a cause not attributable to himself. Thus, the subsequent appeal filed within two weeks from the date on which the first instance judgment became aware of the fact that it was served by public notice is lawful.
2. Facts of recognition;
A. around July 13, 2014, Defendant C contracted for remodeling of electric power resource housing in Daegu-gunF from E, and around that time, Defendant C concluded an employment contract with the Plaintiffs.
B. The Plaintiffs provided labor according to the above employment contract, but Defendant C did not pay all wages to workers who provided labor in connection with the above work and waived the above remodeling work on November 5, 2014.
C. Accordingly, workers, including the Plaintiffs, filed a petition against Defendant C on the ground of delayed payment of wages with the Daegu Regional Employment and Labor Office on December 17, 2014, and filed a complaint against Defendant C on March 25, 2015.
On July 29, 2015, Defendant C, the mother of Defendant C, paid KRW 1 million to Plaintiff A and KRW 500,000 to Plaintiff B with respect to the unpaid wage obligation against the Plaintiffs of Defendant C, and on December 30, 2015, Defendant C prepared a letter of payment to pay KRW 4.9 million to Plaintiff A and KRW 850,000 to Plaintiff B (hereinafter “instant letter of payment”). The Plaintiffs withdrawn the complaint against Defendant C on the same day.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings.