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(영문) 수원지방법원 2019.06.05 2018가합13717
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall:

A. From September 2, 2015, the Defendant (Counterclaim Plaintiff) KRW 84,257,225 and its amount were b.

Reasons

Facts of recognition

The Plaintiff is an employer who engages in manufacturing business under the trade name “F” in Yeongdeungpo-gu, Suwon-si E.

Defendant C was employed by the Plaintiff on April 11, 1994 and worked until August 31, 2015. Defendant D employed the Plaintiff on September 1, 2009 and worked until March 31, 2015.

From April 11, 1994 to November 30, 2010, the Plaintiff employed not less than five workers for the following table periods (hereinafter “instant period”) and employed not more than four workers.

On March 1, 1998, the number of days of the closing date of the time, 198

On April 11, 2018, the Plaintiff received a summary order of KRW 3,00,000, as a violation of the Act on the Guarantee of Workers' Retirement Benefits, to the effect that “the Plaintiff, as the F’s representative, failed to pay KRW 27,184,931 as retirement allowances to Defendant C, and KRW 9,535,343 as retirement allowances to Defendant D.”

On May 15, 2018, the Plaintiff filed an application for formal trial against the above summary order, and deposited KRW 27,184,931 with Suwon District Court 2018Da4570 to Defendant C, and KRW 9,535,343 to Defendant D on May 17, 2018, respectively.

On June 8, 2018, the Plaintiff was sentenced to a fine of KRW 3,000,000 for the violation of the Guarantee of Workers' Retirement Benefits Act, which was issued by Suwon District Court 2018 Man-Ma723, and the said judgment became final and conclusive around that time.

[Recognizing the fact that there is no dispute, each entry of Gap evidence Nos. 8 through 12 (including the main number in the case of each number), each purport of the entire pleadings, and each determination as to retirement allowance (see both the main office and counterclaim) (see both the main office and counterclaim), Defendant B, which is the cause of the main office of defendant B, has received KRW 91,149,851 from the plaintiff as retirement allowance, and returned KRW 40,00,000,00,000. Thus, KRW 51,149,851 as retirement allowance = KRW 91,149,851 as retirement allowance = 40,00.

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