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(영문) 부산지방법원 2016.11.30 2016가단23584
임금 등
Text

1. The Defendant: 4,181,640 won to Plaintiff A; 2,647,810 won to Plaintiff B; 5,649,870 won to Plaintiff C; and 1,154.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1-1 through 5, the plaintiffs are employed by the defendant who conducts interior construction business, etc., and the plaintiff A is from October 29, 2015 to January 14, 2016, and the plaintiff B is from April 1, 2015 to December 24, 2015, and the plaintiff C is from January 31, 2015 to February 29, 2016, and the plaintiff D is not entitled to dispute over the plaintiff's obligation to the plaintiff, including the plaintiff's debt, from October 20 to December 20, 2015, and from July 15, 2015 to October 30, 2015 to the plaintiff's debt, including the plaintiff's debt, from May 16, 2015 to the plaintiff's debt, the plaintiff Eul is not entitled to dispute over the plaintiff's debt, including the plaintiff's debt, to the plaintiff Eul 16, 4, and 15.

Therefore, barring any special circumstance, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from March 15, 2016 to the date of complete payment of each of the above amounts, as the Plaintiffs seek against the Plaintiff A, 4,181,640 won, Plaintiff C, 5,649,870 won, Plaintiff D, 1,154,605 won, Plaintiff E, 150,000 won, and each of the above amounts, as the Plaintiffs seek, from February 29, 2016 to the date of complete payment of each of the above amounts.

The defendant's assertion is disputed to the purport that the defect occurred on the job site due to the plaintiffs' negligence and the expenses are reasonable, so it is not possible to comply with the plaintiffs' claim. However, Article 43 (1) of the Labor Standards Act provides that "wages shall be paid in full directly to workers in currency." In light of the principle of full payment of wages, in principle, an employer shall not offset the worker's claim for wages such as wages or retirement allowances with other claims against employees.

(see, e.g., Supreme Court Decision 2001Da25184, Oct. 23, 2001). Therefore, the Defendant’s damages against the Plaintiffs as a separate lawsuit.

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