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(영문) 대구지방법원서부지원 2017.09.19 2017가단7426
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 29,259,510 and the interest rate of KRW 15% per annum from April 10, 2017 to the date of full payment.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, 2, and 4 and the purport of the entire pleadings:

The Plaintiff is working for the Defendant Company from October 29, 2013 to November 15, 2014.

The retirement was made.

The Plaintiff received wages from the Defendant Company, from April 2014 to October 2014, each of which was paid 3,600,000 won for each month, and 26,180,000 won for wages on November 2014, and retirement allowances of 3,079,510 won for retirement allowances.

B. The former representative director C and the co-manager D of the defendant company were issued a summary order of KRW 4,00,000 at the Daegu District Court on November 27, 2015 for the above facts constituting the crime.

The above summary order was finalized as it is.

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 26,180,00 won of unpaid wages and retirement allowance of 3,079,510 won, and damages for delay calculated at the rate of 15% per annum from April 10, 2017 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order sought by the plaintiff.

B. The defendant asserts as follows.

The defendant carried out the construction work of the F hotel in Seopo City E.

In the case of the Seoul Southern District Court 2015Kadan80096 Provisional Attachment case, the Plaintiff, a related case, submitted a confirmation document to the effect that the Defendant dispatched the Plaintiff to the land in Seopo-si G and H seaside land as a business related to the land in Seopo-si and Seopo-si, Seopo-si, and became disadvantageous to the Defendant.

Therefore, according to the contents of the above confirmation document, the plaintiff did not work for the defendant company.

Nevertheless, it is unreasonable for the Plaintiff to claim wages and retirement allowances from the Defendant Company in this case.

In addition, the defendant shall dispatch the plaintiff to the above F hotel construction site to have the plaintiff receive I's instructions, and if the plaintiff has received wages from I, it should be deducted.

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