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(영문) 부산지방법원 서부지원 2018.01.12 2017가단1125
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 35,950,679 and the interest rate of KRW 20% per annum from September 27, 2016 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 through 7 as to the cause of the claim, the Plaintiff provided labor under employment by the Defendant from January 23, 2014 to September 12, 2016.

However, it can be recognized that wages of KRW 25,50,000 during the above service period and retirement allowances of KRW 10,450,679 were not paid.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 35,950,679 and the damages for delay calculated at the rate of KRW 20 per annum from September 27, 2016 to the date of full payment under the Labor Standards Act, which is 14 days after the date of retirement from the date of payment.

2. Judgment on the defendant's assertion

A. The defendant alleged that all wages and retirement allowances were paid to the plaintiff, but there is no evidence to support that the plaintiff was paid unpaid wages as recognized in paragraph (1). Thus, the defendant's argument is without merit.

B. At the time of the Plaintiff’s work, the Defendant agreed to bear half of the rent while residing in an officetel prepared by the Defendant’s representative C at the time of the Plaintiff’s work, and the Defendant did not pay a total of KRW 7.7 million from September 2014 to the time of retirement.

However, since wages are paid directly to an employee in full, it is a matter of principle that the employer cannot offset the employee's wage claims with the employee's claims, and if the defendant's argument purports to offset the offset, it is not necessary to further examine whether the plaintiff has the above rent claims, and such argument to the same purport is without merit.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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