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(영문) 서울중앙지방법원 2015.06.02 2014가단127415
임금등
Text

1. The Defendant: (a) KRW 7,367,04 to Plaintiff A; (b) KRW 2,482,232 to Plaintiff B; and (c) KRW 230,160 to Plaintiff C; and (d) KRW 7,613 to Plaintiff D.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiffs were working at Defendant MB head Co., Ltd. as follows, but were not paid wages and retirement allowances as follows: (a) The Plaintiffs were working for the Plaintiffs from January 4, 2010 to November 5, 2013: (b) The amount of KRW 6,582,284: (c) the amount of KRW 85,66 on April 4, 2013; (d) the amount of KRW 929,70 on May 1, 201; (e) the amount of KRW 1,031,766 on July; and (e) the amount of KRW 53,106 on August 1, 200; and (e) the amount of KRW 1,029,456 on August 2, 205; and (e) the amount of KRW 30,628 on November 28, 201; and (e) the amount of KRW 305,301 on May 28, 20130.

3) On November 28, 2014, Defendant MBD Co., Ltd. was declared bankrupt by Seoul Central District Court 2014Hahap164, and E was appointed as a trustee in bankruptcy on March 12, 2015, and the bankruptcy was abolished on March 12, 2015.

B. According to the above facts of determination, the Defendant: (i) KRW 7,367,04 for the Plaintiff’s retirement pay of KRW 6,582,284 (=income of KRW 8,800,420- substitute payment of KRW 8,015,70); (ii) KRW 2,482,232 for the Plaintiff’s Plaintiff (=retirement pay of KRW 7,882,232- substitute payment of KRW 5,400- substitute payment of KRW 3,254,200- substitute payment of KRW 3,024,040); and (iii) KRW 230,160 for the Plaintiff’s retirement allowance of KRW 7,613,572 for the Plaintiff’s retirement allowance of KRW 13,013,572- substitute payment of KRW 5,400,000 for each of the above payments; and (iv) the Defendant’s obligation to pay damages for delay from the date of retirement of the Plaintiff’s late 14.

Although the defendant asserts that the above amount should be deducted because the plaintiffs received a substitute payment, only the plaintiff claims the amount after deducting the substitute payment received by modifying the purport of the claim.

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