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(영문) 대구지방법원 2017.08.24 2017나303609
임금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, except for the modification of the part “A. Determination on the defense of extinctive prescription” among the judgment of the court of first instance as stated in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

“A. Determination 1 on the Extinctive Prescription Defenses.” Not only filed the instant lawsuit after the lapse of three years from the date on which the claim for wage was created, but also filed the instant lawsuit on April 8, 201 after the lapse of three years from the date on which the new wage agreement was concluded, even if the extinctive prescription was interrupted by March 14, 201, which was concluded by the new wage agreement. As such, the Plaintiffs’ wage claim expired by the extinctive prescription.

The plaintiffs asserted that the statute of limitations was interrupted on October 29, 2013 due to the acceptance of debt under the labor-management agreement of this case, and that the claim for the completion of the statute of limitations is against the principle of trust and good faith. However, the labor-management agreement of this case cannot be said to have been prepared by the plaintiffs' representatives, and its contents cannot be deemed to be the acceptance of debt, so the statute of limitations is

2) The judgment (1 March 14, 201, the Defendant, as to whether the statute of limitations expired or not, shall pay wages exceeding the minimum wage amount set forth in the instant provision, which is naturally mandatory, after the enforcement of the instant provision. However, prior to the conclusion of a new wage agreement in accordance with the instant agreement, the Defendant postponed the payment of wages equivalent to the minimum wage set forth in the instant provision, and the new wage agreement was concluded on March 14, 201 and enforced from April 1, 201.

Therefore, considering the above circumstances, the Plaintiffs’ right to claim the payment of wages below the minimum wage amount stipulated in the instant provision against the Defendant runs extinctive prescription until March 14, 2011 when a new wage agreement was concluded.

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