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(영문) 대구지방법원 상주지원 2017.02.02 2016가합291
임금 및 퇴직금
Text

1. The Defendant shall pay to the Plaintiff (Appointeds) and the Appointeds each money indicated in the aggregate sheet of the attached sheet and each of them.

Reasons

1. Facts of recognition;

A. The plaintiffs (appointed parties) and the designated parties (hereinafter collectively referred to as "the plaintiffs") are those who worked for the defendant company and retired from office on the date specified in the attached Table No. 1.

B. The Defendant did not pay part of the wages and retirement allowances that the Defendant has to pay to the Plaintiffs, and the details are as stated in the separate sheet, the unpaid wages and the unpaid retirement allowances.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts based on the determination as to the cause of the claim, the defendant is obligated to pay each of the following amounts as stated in the aggregate sheet of the unpaid wages and retirement allowances to the plaintiffs, and interest in arrears at the rate of 20% per annum as stipulated in the Labor Standards Act from each day on which 14 days have elapsed from each retirement date to the day of full payment, pursuant to Article 37(1) of the Labor Standards Act.

B. The defendant's assertion that since the defendant received food expenses of KRW 100,000 per month in the case of B, C, D, and E among the plaintiffs, he received the judgment at the separate company's expense, the defendant's assertion that the excessive food expenses corresponding to each service period should be deducted from unjust enrichment. However, there is no evidence to support that the defendant unfairly provided the food without the defendant's consent or permission even though he paid food expenses when he provided the food by the company by the company B, etc.

Rather, the food fee of KRW 100,000 per month is only a food fee under the pretext, and is only a part of the wage.

We do not accept the defendant's argument.

3. The plaintiffs' claims for conclusion are accepted on the grounds of all the reasons, and it is so decided as per Disposition.

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