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(영문) 인천지방법원부천지원 2016.10.20 2015가단29116
임금등
Text

1. The defendant shall pay to the plaintiff (appointed party) KRW 20,393,537, KRW 20,405,748, and KRW 24,229,448.

Reasons

1. Occurrence of a duty to pay overdue wages;

A. In full view of the purport of the entire arguments as to the evidence Nos. 1 through 5 (including paper numbers), the Plaintiff (Appointed Party; hereinafter “Plaintiff”), the Appointed C, and D, employed by the Defendant as follows, provide the Defendant with labor for the period indicated in the “work period”.

However, it can be recognized that the payment of wages and retirement allowances, such as the statement, was not made, and the statement in subparagraph 1 alone is insufficient to reverse it, and no other counter-proof evidence exists.

(1) From February 1, 2002 to March 9, 2015 to March 20, 2015, Plaintiff C from July 1, 2009 to March 9, 2015 to March 9, 2015; or D from March 20, 2015 to March 9, 2015 to March 1, 2015 to March 24, 2015;

B. According to the above facts, the defendant is obligated to pay to the plaintiff 20,393,537 won, 20,405,748 won to the Selection C, 24,229,48 won and damages for delay calculated at the rate of 20% per annum under the Labor Standards Act from March 24, 2015 to the date of full payment, which is the day following the 14th day after the retirement date of the plaintiff and the Selection.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Defendant and the designated parties (hereinafter “Plaintiff, etc.”)

(3) From 2010 to 2015, the Plaintiff paid the full amount of wages without reporting and deducting wage and salary income tax, local income tax, national pension, health insurance, employment insurance, etc., to the Plaintiff in excess of KRW 14,902,020, KRW 13,364,280, and KRW 16,384,290 to the Selection D. Since the Plaintiff et al. made the aforementioned excessive payment of wages in excess, the Defendant’s right to claim for return of unjust enrichment and the above wage claim of the Plaintiff et al. are offset against the Plaintiff et al. on January 12, 2016.

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