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(영문) 광주지방법원목포지원 2019.06.05 2019가단249
임금등
Text

1. The defendant shall make the money stated in the "amount claimed" column in the attached Table to the plaintiff (Appointed Party) and the Appointed Party and each of the above.

Reasons

1. Where there is no dispute between the parties to the determination on the cause of the claim or under the overall purport of Gap evidence Nos. 1, 2, and 3 and arguments, it is recognized that ① the plaintiff (appointed parties; hereinafter "the plaintiff") and the designated parties served for the defendant company from August 1, 2016 to December 31, 2017; ② the defendant company did not pay wages and retirement allowances from October 1, 2017 to December 2017 to the plaintiff and the selected parties; ③ the wages and retirement allowances that the defendant company did not pay to the selected parties D from September 2017 to December 2017; ③ the wages and retirement allowances that the defendant company did not pay to the plaintiff and the selected parties are the same as the sum of each corresponding amount (the sum of the amounts stated in the "wages" and the "retirement allowances" column in the attached Table.

Therefore, the Defendant Company is obligated to pay the Plaintiff and the appointed parties the amount of damages for delay calculated at the rate of 20% per annum under the Labor Standards Act from January 15, 2018 to the date of full payment with respect to each of the said amounts and each of the said amounts, 14 days after the date on which the cause for the payment occurred.

2. Judgment on the assertion by the Defendant Company

A. The Defendant Company entered into a “F Project Management Services” contract with E Co., Ltd. (hereinafter “Nonindicted Company”) and hired the Plaintiff and the designated parties to perform the duties under the said contract. The Defendant Company is the Nonparty Company, and the person who is obligated to pay wages, etc. to the Plaintiff and the designated parties under the said contract is the Nonparty Company, and the Nonparty Company actually paid it.

Therefore, the plaintiff and the designated parties can claim wages, etc. from the non-party company, and the defendant does not have the obligation to pay them.

B. Not only the descriptions of the evidence Nos. 1, 2, and 3 are difficult to acknowledge the above assertion of the Defendant Company, but also the facts that the parties who concluded a labor contract with the Plaintiff and the designated parties are the Defendant Company are not in dispute between the parties, or are in dispute prior to the conclusion.

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