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(영문) 인천지방법원 2015.03.31 2014가단45217
임금등
Text

1. The defendant,

A. 22,256,905 won to Plaintiff A and 6% per annum from February 17, 2013 to March 2, 2013, respectively.

Reasons

1. Determination on the cause of the claim

(a) The following facts are not disputed between the parties, or may be acknowledged in Gap evidence No. 1 by integrating the whole purport of the pleadings:

1) The Defendant, along with E’s representative in Gangnam-gu Seoul, and F around September 1, 2012, established Malaysia’s local subsidiary, and employed the Plaintiffs. 2) The Plaintiff: (i) from September 17, 2012 to February 15, 2013 at the said G workplace; and (ii) from October 8, 2012 to December 21, 2012, Plaintiff B retired from office.

3) The Defendant was indicted on Plaintiff A for the violation of the Labor Standards Act of Seoul Central District Court 2013 High Court 2013 High Court 2013 High Court 6905, Jan. 15, 2015, and was sentenced to KRW 22,257,205, and KRW 11,392,00,000, which was the sum of the wages from November 2012 to December 2012, and was not paid to Plaintiff B within 14 days from the date of retirement without agreement on extension of the due date.

B. According to the above facts, the Defendant is obligated to pay the Plaintiff’s 22,257,205 won and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from February 17, 2013 to March 2, 2013, which the Plaintiff seeks from February 17, 2013 to March 2, 2013, and 20% per annum as stipulated in the Labor Standards Act from the next day to the date of full payment. The Defendant is obligated to pay the Plaintiff’s 11,392,00 won and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from January 1, 2013 to January 14, 2013 to the date of full payment.

2. It is so decided as per Disposition by citing the plaintiffs' claims for all reasons.

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