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(영문) 서울동부지방법원 2015.09.11 2014나5465
임금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. According to the evidence evidence evidence evidence Nos. 1, 2, 4, and 5, the Plaintiff worked as the Defendant’s employee from August 1, 2013 to September 7, 2013. During the above period, the Plaintiff’s wage was the total of KRW 2,50,000 to August 1, 2013, and KRW 583,310 to September 31, 2019, and KRW 3,083,331 to May 20, 2014; ② Defendant’s representative director C was convicted of the Defendant’s appeal on May 20, 2014 that “from August 1, 2013 to September 7, 2013, the Plaintiff did not pay KRW 3,083,331 to the Plaintiff within 14 days from the date on which the cause for payment occurred without an agreement on extension of the payment deadline; the Plaintiff was convicted of the Defendant’s wage under this case’s judgment on May 10, 15, 2019, 2015.

B. According to the above facts of recognition, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff the remainder of the unpaid wages of KRW 2,723,484 and interest for arrears calculated at the rate of 20% per annum from September 23, 2013 to the date of full payment, which is the day following the 14th day after September 7, 2013 ( September 21, 2013), which is the day after the retirement of the Defendant, from September 22, 2013, which is the day after September 23, 2013, as requested by the Plaintiff.

According to Articles 36 and 37 of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act, an employer shall pay wages, etc. within 14 days from the date of retirement (the date when the cause for payment occurred) of the worker, and if the worker fails to pay it within 14 days from the date when the cause for payment occurred, the employer shall pay the delayed interest calculated at a rate of 20% per annum for the number of delayed days

2. Judgment on the defendant's defense

A. The defendant's defenses to deduct withholding tax amount, the wages to be paid to the plaintiff are already paid to the defendant.

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