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1. The Defendant: (a) KRW 4,688,168 for Plaintiff A, B, C, and D; and (b) KRW 4,041,504 for Plaintiff E and each of them on June 26, 2017.
Reasons
1. Facts of recognition;
A. The defendant is a corporation that mainly runs a place of business "H" in Gwangjin-gu Seoul Special Metropolitan City, and the plaintiffs have a labor contract with the defendant and work at the defendant's workplace.
B. The Plaintiffs, through I, as a Chinese human resources presentation company, had the Defendant paid KRW 2,00,000 per month as wages and provided accommodation and had the Defendant work at the Defendant’s workplace. The Plaintiffs entered Korea and began to work at the Defendant’s workplace.
Plaintiff
A, B, C, and D were employed from June 11, 2015, respectively, and Plaintiff E worked in “H” from September 18, 2015 to May 25, 2017, which is the business suspension date of each “H”.
C. “H” was a restaurant established in September 1968 by the J, the Defendant’s representative director, and was operated solely by the J on the receipt of it on September 1, 2012, and was converted into a corporation on September 2016, and the J operated as the representative director.
J has brought a divorce lawsuit due to the infertility with the wife L, and it has become conflicting with other family members, such as parents opposing this.
On May 25, 2017, the employees of the “H”, including the Plaintiffs, discontinued business without opening a restaurant under the direction of K, L, etc., and the J, which became aware of this, urged the Plaintiffs to send text messages to the start-up of business, but thereafter continued to continue business suspension.
The J notified the dismissal of the plaintiffs on June 12, 2017 in writing. D.
With respect to the extension of the stay of the plaintiffs who are Chinese workers, the J made efforts to take necessary measures such as the reservation of visit to Immigration Office and the preparation of relevant documents by not later than the date of the suspension of the business.
E. The defendant paid wages after deducting 200,000 won per month from the plaintiffs' wages for accommodation. The defendant was paid wages after deducting 4,688,168 won for plaintiffs A, B, C, and D, and 4,041,50 won for plaintiffs E as follows.
Plaintiff
A and three other working months, non-mutual aid goods for accommodation and lodging expenses, and KRW 33,30,00.