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(영문) 부산지방법원 2017.01.26 2016가단62121
임금
Text

1. The defendant shall pay to the plaintiff A KRW 21,194,218, and KRW 2,750,000 to the plaintiff B, and shall pay to the plaintiff from October 13, 2016.

Reasons

1. Summary of the parties' assertion

A. From September 12, 2009 to August 10, 2016, Plaintiff A worked for the Defendant Company. The sum of the wages of KRW 967,740 in August 2016 and retirement allowances of KRW 20,302,258 in total and KRW 21,269,998 in total.

Plaintiff

B also worked for the defendant company, and it has not been paid 2,750,000 won from June 1, 2016 to July 31, 2016.

B. The Defendant A, as a driver of the D Motor Vehicle, was affiliated with the “F” business entity, not the Defendant Company, but the “F” business entity.

Plaintiff

B as a driver of G-motor vehicle, he was not the defendant company but the E-business owner, and was affiliated with the H.

2. Determination

A. In full view of the purport of the entire pleadings, the following facts are acknowledged.

(1) The D Manc Track Motor Vehicle is registered as owned by the Grand Track Co., Ltd., and E is registered as the trade name "F" on April 16, 2015.

(2) Gman Track motor vehicle is registered as owned by the International Company, and E has registered its business with the trade name "H" on August 7, 2014.

B. However, in light of the following circumstances, it is reasonable to view that the Plaintiffs, as alleged in the above, did not receive the wages of KRW 21,194,218, and Plaintiff B, as the Plaintiff did not receive the wages of KRW 2,750,00,00, the total amount of KRW 900,00 and retirement allowances of KRW 20,294,218, and the total amount of KRW 21,194,218.

(1) E is the representative director of the Defendant Company.

(2) From October 28, 2010 to August 10, 2016, benefits, etc. were deposited in several times in the deposit account under the name of J, the wife of Plaintiff A, on a several occasions.

(3) From April 11, 2016 to July 15, 2016, Plaintiff B’s savings account was deposited three times in the name of E.

E is the representative director of the defendant company and the employer of its employees.

E From September 12, 2009 to August 9, 2016, the Defendant Company shall be a driver from the Defendant Company.

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