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1. The defendant,
A. From April 30, 2014, the Plaintiff A’s KRW 15,100,000 and its related thereto:
B. Plaintiff B is KRW 13,181,30.
Reasons
1. Determination as to the cause of claim
A. The Plaintiffs are the captain of the said vessel without setting the working period on December 1, 2013 by the Plaintiff, and Plaintiff B concluded a labor contract with the captain of the said vessel from December 1, 2013 to June 11, 2014; the Defendant’s wages not paid to the Plaintiff A amounting to KRW 10,00,000; the Defendant’s wages not paid to the Plaintiff amounting to KRW 5,180,00,000, and the amount of paid leave paid to the Plaintiff B amounting to KRW 2,901,330 is not a dispute between the parties; and the Defendant is obligated to pay each of the above amounts to the Plaintiffs.
B. Reviewing the following circumstances as to unemployment allowances: (a) the Defendant was unable to pay wages to the Plaintiffs requesting the payment of the remaining overdue wages due to the aggravation of financial circumstances, such as seizure of the above vessel; (b) the Defendant became unable to normally operate the above vessel any longer due to the aggravation of financial circumstances; and (c) the Plaintiffs become unable to work any longer, following consultation with the Defendant, and (d) the termination of each employment contract on April 15, 2014 by leaving the Plaintiff A and the Plaintiff B around March 7, 2014; (b) it is reasonable to view that the Defendant actually terminated the seafarer labor contract even though there is no reason attributable to the Defendant’s financial situation to the Plaintiffs who are the seafarers, the Defendant is obligated to pay the amount equivalent to two months of ordinary wages to the Plaintiffs pursuant to Article 37 of the Seafarers’ Act; and (c) the Defendant did not have any obligation to pay the Plaintiffs’ ordinary wages to each of the Plaintiffs’ KRW 250,500,500,505.
C. The defendant did not have a duty to pay unemployment allowances to the plaintiffs since he left as the plaintiffs' children.