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1. Defendant B’s 46,401,613 won and the interest rate of 15% per annum from January 15, 2016 to the date of full payment.
Reasons
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence No. 1, and Eul evidence No. 1, together with the purport of the entire pleadings.
D It seems that “D” fishing vessels (9.77 tons, hereinafter “instant fishing vessels”) are not subject to the Seafarers’ Act.
Defendant B, the captain of the vessel and the captain of the vessel, concluded each of the following labor contracts (hereinafter “each of the instant labor contracts”) with the Plaintiff as a referral by Defendant C:
Article 1 (Work Period) B (Plaintiffs) shall work from April 25, 2012 to December 30, 2012.
Article 2 (Payment of Wages) A (Defendant B) shall pay 1.2 million won per month to B, and shall pay 3.5 million won in advance.
Article 3 (Compensation for Damages) B shall compensate for damages at the request of A and shall not be paid KRW 1,200,000 per month for which the amount of damages shall be paid pursuant to Article 1, if he/she has violated the contract without any justifiable reason, or has caused damages by intentionally neglecting or refusing to perform the work at the time of the work.
(1) On April 25, 2012, Article 1 (Work Period) of the Labor Contract Act (Plaintiff) is to work from April 1, 2013 to December 31, 2013.
Article 2 (Payment of Wages) A (Defendant B) shall pay 1.2 million won per month to B, and shall pay 4.85 million won in advance.
Article 3 (Compensation for Damages) B shall compensate for damages at the request of A and shall not be paid KRW 1,200,000 per month for which the amount of damages shall be paid pursuant to Article 1, if he/she has violated the contract without any justifiable reason, or has caused damages by intentionally neglecting or refusing to perform the work at the time of the work.
(2) On April 1, 2013, Article 1 (Work Period) of the Labor Contract Act (Plaintiff) shall be from April 1, 2014 to December 31, 2014.
Article 2 (Payment of Wages) A (Defendant B) shall pay 1.5 million won per month to B, and shall pay 6.33 million won in advance.
Article 3 (Compensation for Damages) B shall be 6,30,000 won in advance.