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(영문) 수원지방법원 2019.08.22 2018가단29135
임금
Text

1. The defendant is classified by the plaintiff (appointed party) and the selector.

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 6 (including papery evidence numbered), the plaintiff (appointed party) and the appointed party may be acknowledged as having failed to receive wages equivalent to the amount claimed in the corresponding claim amount column as stated in the separate sheet, even though they retired after they worked in the place of construction work for freezing warehouse expansion under the defendant's jurisdiction during the corresponding work period in the separate sheet of "amount claimed by the plaintiff (appointed party) and the appointed party" as stated in the separate sheet.

As to this, the defendant asserts to the effect that the construction cost at the above construction site was fully repaid from D and E to November 1, 2017.

However, according to the above evidence, F, the actual operator of the defendant, prepared a letter of payment stating that he would pay wages equivalent to the amount of each claim stated in the claim amount column of the above attached Form by February 28, 2018 to the plaintiff (appointed party) and the appointed party. F, around October 19, 2018, stated that there is no wage paid to the plaintiff (appointed party) and the appointed party in charge of the Suwon District Prosecutors' Office in the Suwon District Prosecutors' Office, and that F, there is no wage paid to the plaintiff (appointed party) and the appointed party, and the fact that F, a public prosecution was instituted against the violation of the Labor Standards Act with respect to the above recognized facts, and a trial is pending in Suwon District Court Decision 2018 Godan1718. The evidence submitted by the defendant alone is insufficient to reverse the fact of recognition, and there is no other evidence to acknowledge it.

The defendant's above assertion is not accepted.

Therefore, the defendant is obligated to pay to the plaintiff (appointed party) and the appointed party the natural damages calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from the relevant interest-generating day to the date of full payment with respect to each of the above amounts entered in the claim amount column of the plaintiff (appointed party) and each of the above amounts.

The claim of this case is accepted.

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