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(영문) 서울북부지방법원 2016.04.06 2015가단22691
임금등
Text

1. The Defendants jointly and severally committed against Plaintiff A with respect to KRW 25,461,048, and KRW 8,446,680, and each of the said money.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6 (including paper numbers), the defendant C Co., Ltd. (hereinafter referred to as the "Defendant C") had worked as an employee from July 14, 2008 to May 31, 2012; the plaintiff B had worked as an employee from January 11, 201 to April 30, 2012; the defendant Co., Ltd did not pay the plaintiff a total of KRW 17,100,000 and retirement allowances of KRW 8,361,048, including retirement allowances of KRW 25,461,048; the defendant Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") did not pay the plaintiff Co., Ltd. wages from November 14, 201 to December 4, 2012 to the defendant Co., Ltd.; and the fact that the defendant Co., Ltd did not prosecute the plaintiff’s wages to the defendant Co. 274, Ltd.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff A interest in arrears calculated at the rate of 20% per annum from July 1, 2012 (the 14th day after the Plaintiff’s final retirement date and the 14th day after the Plaintiff’s claim) to the day of full payment.

The Defendants asserted that the overdue wages remain because they transferred the corporeal movables, capital stock, etc. of the Defendant company to four workers in arrears, including the Plaintiffs, and had them operate the business of the Defendant company and appropriated all the overdue wages with their profits. However, the entries of the evidence Nos. 1 through 4 (including the serial number) are insufficient to recognize the Defendants’ above assertion, and there is no other evidence to acknowledge it. Thus, the Defendants’ assertion is without merit.

If so, the plaintiffs' claims are reasonable, and it is decided as per Disposition by admitting them.

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