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(영문) 서울남부지방법원 2020.10.23 2019나60132
임금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. From July 5, 2017 to February 12, 2018, the Plaintiff was employed by the Defendant, who is an individual construction business entity, and worked at 26 construction sites, including Pyeongtaek-si C.

B. On October 1, 2018, the Plaintiff filed a petition against the Defendant with the Seoul Eastern District Office on the ground that the Plaintiff did not receive wages of KRW 6,800,000 from the Defendant.

C. On April 5, 2019, the Defendant was prosecuted for committing an offense in violation of the Labor Standards Act, and issued a summary order of KRW 1,000,000 for a fine of KRW 170,000 for August 17, 2017 (Seoul District Court Decision 201,200,000 for February 2, 2018; KRW 1,190,000 for February 1, 2018; and on April 19, 2019, the Defendant was issued a summary order of KRW 1,00,000 for a fine of KRW 1,530,00 for December 1, 200 for December 2, 2018, and did not pay KRW 14 days from the date of retirement without any agreement between the parties on the extension of the payment due date.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 6,800,000 payable wages, and damages for delay calculated at the rate of 20% per annum from February 27, 2018 to the day of full payment, which is the day following the lapse of 14 days from February 12, 2018, the Plaintiff’s retirement date, to the day of full payment.

3. Judgment on the defendant's assertion

A. The summary of the Defendant’s assertion: (a) the Defendant’s wage to be paid to the Plaintiff is KRW 1,530,000 for February 2, 2018; (b) the Defendant paid KRW 3,700,000 for July 3, 2017 to August 2, 2017, KRW 3,700,000 for October 1, 2000 for KRW 3,65,000 for December 12, 200; (c) the Defendant paid KRW 1,530,00 for February 2, 2018; and (d) the Defendant paid the Plaintiff KRW 17,80,000 for August 3, 200, KRW 1,000 for KRW 1,50,000 for KRW 1,000, KRW 50,000 for KRW 10,00 for October 1, 208; and

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