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1. The Defendants are jointly and severally liable to the Plaintiff for 30,383,160 won and 20% per annum from July 22, 2017 to the date of full payment.
Reasons
1. Basic facts
A. Defendant C is a person who completed the registration of an architect office with the trade name, “F,” which is a “F,” the office of Heung-gu, Young-gu, D, and E, and Defendant B is a person who actually operates the said office and engages in the architectural design supervision business, etc. (hereinafter “instant business”).
B. The Plaintiff is an employee employed by the Defendants on November 1, 2010, who provided labor by July 4, 2017 and retired.
Wages under the labor contract between the Plaintiff and the Defendants were KRW 2,700,000 per month from November 2010 to March 2012, and KRW 3,000,000 per month from April 2015 until retirement.
(1) The plaintiff asserts that all the defendants are the plaintiff's employer and the plaintiff's employer has the obligation to pay unpaid benefits, retirement allowances, and indemnity amount as seen below, and the defendant C does not dispute about its employer's identity, and it shall be deemed that there was a confession pursuant to Article 150 of the Civil Procedure Act) / [the grounds for recognition] without dispute, the entries in Gap evidence 1-1, 2, 3, and Gap evidence 2-2, and the purport of the whole pleadings.
2. Determination as to the cause of action
A. 1) Claim for unpaid wages under an employment contract between the Plaintiff and the Defendants from November 2010 to March 2012: (i) monthly wage of KRW 2,700,000 until April 2012; (ii) monthly wage of KRW 3,00,000 until the retirement from April 1, 2012; and (iii) the Plaintiff was employed by the Defendants and provided labor during the period from that time to July 4, 2017, barring any special circumstance, as seen earlier; (iii) barring any special circumstance, the Defendants jointly and severally seek from the Plaintiff from January 201 to June 2017 (= KRW 40,50,000 from January 2, 200 to June 30, 200; and (iv) the Defendants deducted the remainder of KRW 30,000 from the Plaintiff’s employment relationship from January 1, 201 to December 30, 2005).