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(영문) 울산지방법원 2014.12.17 2014나4309
임금 등
Text

1.In accordance with changes in claims in the trial, the judgment of the first instance shall be changed as follows:

The defendant shall be jointly and severally with C.

Reasons

1. The judgment on the cause of the claim is a joint business owner who jointly runs wholesale and retail business under the trade name of husband C and D, and the name of the business owner is the name of the defendant. The plaintiff is employed from October 18, 2010 to January 29, 2013 as D and provided labor at the store located in Ulsan-gu E E located in Ulsan-gu, U.S., and the defendant and C did not pay retirement allowance of KRW 2,954,070 and annual use allowance of KRW 750,000 to the plaintiff. The fact that the plaintiff did not dispute between the parties, or that the statement of evidence No. 1 is recognized by considering the whole purport of the pleadings.

According to the above facts of recognition, the defendant is jointly and severally liable to pay 3,704,070 won (=the total amount of retirement allowance of 2,954,070 won per annum from February 13, 2013 to the date of full payment) and damages for delay calculated at the rate of 20% per annum under the Labor Standards Act and the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from February 13, 2013 to the date of full payment, which is 14 days after the date of retirement of the plaintiff.

2. Conclusion, the plaintiff's claim of this case is justified, and the decision of the court of first instance is modified according to the amendment of the claim in the trial.

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