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(영문) 광주지방법원 2019.05.17 2018가합58306
임금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the cause of claim

A. The following facts are not disputed between the parties, or acknowledged by comprehensively taking account of Gap evidence Nos. 1, Eul evidence Nos. 5 and 6, and the overall purport of the arguments:

1) On April 20, 2016, the Defendant was established on April 20, 2016 for the main and gold-type manufacture and sales business and BO (hereinafter “BO”).

(2) The Defendant did not pay wages to the Plaintiffs around August 2017 and around September 2017, and each of the unpaid wages to the Plaintiffs (hereinafter “each of the instant wages”) are as indicated in the corresponding column of the claim amount in attached Table 1.

B. According to the above facts, the defendant is obligated to pay each of the wages of this case and the damages for delay to the plaintiffs, unless there are special circumstances.

2. Judgment on the defendant's defense, etc.

A. 1) The parties' assertion 1) An implied agreement was reached between the defendant BO and the plaintiffs to guarantee or concurrently accept the defendant's obligation to pay wages to the plaintiffs, and BO paid wages to the plaintiffs in the position of guarantor or concurrently assuming the obligation to pay wages to the plaintiffs. Since the defendant's obligation to pay wages to the plaintiffs was extinguished due to payment by BO, the defendant's obligation to pay wages to the plaintiffs was extinguished due to payment by BO. 2) The plaintiffs' obligation to pay wages to the plaintiffs in order to maintain their livelihood, and the defendant's guarantor or concurrently assuming the obligation to pay wages to the plaintiffs, not to pay each of the wages of this case to the plaintiffs.

B. In full view of the following circumstances, comprehensively taking into account the facts based on the judgment 1, the evidence mentioned above, and evidence Nos. 1, 2, 3, 3, 3, 4, 3, 9-1, 9-2, as well as the overall purport of the arguments and arguments, the plaintiffs and BO raise objection against the plaintiffs.

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