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(영문) 대전지방법원 2018.10.10 2017가합104358
임금
Text

1. The Defendant: (a) KRW 1,654,010 to the Plaintiff (Appointed Party); (b) KRW 2,041,969 to the appointed Party C; and (c) KRW 860,644 to the appointed Party D.

Reasons

1. The facts under the basis of facts may be found either in dispute between the parties or in Gap evidence No. 1 by integrating the whole purport of the pleadings.

The defendant is a corporation established on March 23, 2010 for the purpose of publishing and selling newspapers.

B. In the Defendant Company, the Plaintiff was working from April 1, 2010 to August 25, 2016, from April 1, 2010 to August 15, 2016, from April 1, 2010 to August 15, 2016, and from April 5, 2010 to August 15, 2016.

2. Determination as to the cause of the claim may be based on the following facts: (a) the Defendant paid the Plaintiff KRW 9,979,77 out of the wages and retirement allowances for July 2012, January 2013, May 5, 6, and July 2016, and KRW 21,730,156 out of the wages and retirement allowances for January 7, 2012, January 2013, January 3, May 2015, May 3, 2015, and January 7, 2016, and KRW 21,730,156 out of the wages and retirement allowances for July 2, 2014; and (b) the appointed person D’s payment of KRW 5,330,447 out of the wages and retirement allowances for July 2016, or there is no dispute between the parties concerned; and (c) the purport of the entire pleadings as stated in subparagraphs 1, 2, and 3.

On the other hand, on June 20, 2017, the Defendant paid 7,698,662 won to the Plaintiff, 12,632,526 won to the Selection Party C, and 5,330,447 won to the Selection Party D as part of the aforementioned unpaid wages and retirement allowances.

Therefore, the defendant, barring any special circumstances, shall be deemed to have accrued to the plaintiff and the selection from the date following the 14th day from the date of retirement of the plaintiff and the selection as requested by the plaintiff as to the whole of the unpaid wages and retirement allowances.

The amount remaining after the repayment of the amount received on June 20, 2017 and damages for delay shall be paid at the rate of 20% per annum as prescribed by the Labor Standards Act and the Enforcement Decree of the same Act from June 21, 2017.

However, as examined in paragraph 3 below, the defendant's defense of extinctive prescription against the plaintiff and the appointed party C is accepted.

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