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(영문) 의정부지방법원 2016.02.18 2015나12117
임금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The plaintiff filed a lawsuit against the defendants seeking payment of wages of 7,700,000 won which have not been paid even if he provided labor to the defendants from June 11, 2003 to November 22, 2003, and damages for delay as to the cause of the claim. The appellate court of the above case (Korean District Court 2005Na8775) shall jointly and severally pay 3,50,000 won to the plaintiff until August 31, 2006, but if the above money is not paid by the above date, 200% of the annual interest rate shall be additionally paid to the above money from the next day to the date of full payment (hereinafter referred to as the "reconciliation recommendation decision of this case"). The court of the appellate court of the above case (the Korean District Court 2005Na8775) shall comprehensively consider the purport of the pleading recommendation decision of this case as to June 10, 2006.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff wages of 3,500,000 and damages for delay calculated at the rate of 20% per annum from September 1, 2006 to the date of full payment, unless there are special circumstances.

2. The Defendants asserted that the Defendants did not have a labor contract relationship with the Plaintiff, and therefore, the Defendants did not have an obligation to pay wages to the Plaintiff.

If there is no objection within the prescribed period of time against the ruling of recommending a compromise, the ruling of recommending a compromise has the same effect as a judicial compromise (Article 231 of the Civil Procedure Act). On the other hand, a judicial compromise has the same effect as a final and conclusive judgment, and if a compromise is made, the rights and obligations based on the previous legal relationship are extinguished, and at the same time a new legal relationship based on

In addition, there is a decision of recommending reconciliation between the same parties as to the existence of rights or legal relations which are disputed in the lawsuit.

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