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(영문) 울산지방법원 2017.08.24 2016나24024
임금
Text

1. All of the appeal filed by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim claim filed at the trial is dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is the representative of the Fmechanic E in Ulsanbuk-gu.

B. From March 1, 2011 to November 10, 2015, Plaintiff A served as an inspector, respectively, from November 29, 2012 to December 5, 2015, and Plaintiff B as the chief inspector from December 27, 2010 to December 5, 2015.

C. The Defendant did not pay the Plaintiff A total of KRW 11,287,410, total of KRW 5,348,870, and KRW 5,938,540, total of KRW 11,287,410, total of KRW 9,130,00, total of KRW 9,816,170, total of KRW 18,947,100, total of KRW 6,136,850, total of annual salary, annual salary, KRW 6,848,060, and KRW 12,984,910.

For the foregoing reasons, the Defendant was indicted for violating the Labor Standards Act and was sentenced to a fine of KRW 3,00,000 from the Ulsan District Court on August 18, 2016.

(Ulsan District Court 2016 High Court 666). The defendant appealed, and the above court sentenced 2,00,000 won on February 16, 2017.

(Ulsan District Court 2016No1418). The Defendant appealed against this and appealed, but was dismissed on April 21, 2017.

(Supreme Court Decision 2017Do4001). [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence 1 through 4 (including each number, hereinafter the same shall apply), and the purport of the whole pleadings.

2. Determination as to the claim on the principal lawsuit

A. According to the above facts, the Defendant is obligated to pay the Plaintiff A wages of KRW 11,287,410, KRW 18,947,100, and KRW 12,984,910 to the Plaintiff C, as the Plaintiff seeks, and the damages for delay calculated at the rate of KRW 15% per annum as prescribed by the Civil Act from February 16, 2016 to November 2, 2016, which is the date of the first instance judgment, from February 16, 2016 to the date of full payment, and from the next day to the date of full payment.

B. As to this, the defendant asserts that the plaintiffs are not obligated to pay annual allowances by using all annual leave while working for the above industrial company. However, the defendant's assertion that there is no obligation to pay annual allowances.

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