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(영문) 인천지방법원 2019.01.23 2018가단208788
임금
Text

1. The Defendant shall pay to the Plaintiffs each corresponding amount in the claim column of the attached Table, as well as from November 1, 2017.

Reasons

1. In addition to the purport of the entire pleadings as to the cause of the claim Gap's evidence Nos. 1 and 2, the plaintiffs may be acknowledged as having been employed by the defendant who was operated the business of Shirts and Blosts in the name of "K," from the J and 2nd of Incheon Bupyeong-gu, Incheon, and provided labor at the above place of business during each relevant period, and not received wages and retirement allowances equivalent to each corresponding amount stated in the claim amount column of the attached Table, and each of the items in subparagraphs B and B Nos. 1 and 4-1 and 2 shall not interfere with the above recognition.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiffs the amount corresponding to the claim amount in the attached sheet with wages and retirement allowances, and to pay damages for delay calculated at the rate of 20% per annum from November 1, 2017 to the date of full payment, for which the plaintiffs seek as of the 14th day after the date of retirement.

2. Judgment on the defendant's assertion

A. The defendant, without calculating the basic wages in advance with the plaintiffs, concluded a wage payment contract based on the so-called comprehensive wage system with the contents that the sum of various allowances and retirement allowances as daily wages without calculating the basic wages. The amount claimed by the plaintiffs includes weekly holiday allowances, annual allowances, and retirement allowances, which provide that the amount shall be included in daily wages.

B. It is insufficient to acknowledge that there was a valid agreement between the Plaintiffs and the Defendant on the payment of the comprehensive wage system, the interim payment method of retirement allowances, and the payment of wages in the interim payment method, solely with the written evidence Nos. 1 and 4-1 and 2 of the evidence No. 4

The defendant's argument is without merit.

3. Conclusion, the plaintiffs' claims of this case are accepted on the grounds of all the reasons.

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