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Defendant: (a) KRW 16,375,31; and (b) KRW 37,037,330 to Plaintiff B; and (c) each of them, from December 14, 2017 to February 9, 2021.
Reasons
1. Basic facts
A. The Defendant ordinarily employs not less than five workers to engage in the manufacturing business of shooting and peripheral devices under the trade name of “D” (hereinafter “instant place of business”), and the Plaintiffs, employed by the Defendant from October 10, 2003 to engage in the manufacturing business of shooting devices at the instant place of business, etc., and finally retired on November 29, 2017.
The Plaintiffs and the Defendant did not prepare the labor contract.
B. The Plaintiffs worked as night production workers from 5 days a week to 08:00 on the following day at the instant workplace, and other workers except the Plaintiffs during the said working hours (Provided, That where all or one of the Plaintiffs does not work, it is less that the Defendant hired substitute workers and provided service.)
From October 103, 200 to June 2016, the Plaintiffs received wages as a Si wage system from October 10, 2003 to June 2016. From July 29, 2016 to November 29, 2017, Plaintiff A received KRW 130,000 for Plaintiff B, and KRW 90,00 for Plaintiff B, respectively. The Defendant paid all the Plaintiffs’ wages in cash and the Defendant paid each of the wages and the number of monthly working days for the pertinent period from February 2015 to November 2017 are as listed in attached Table 1.
[Reasons for Recognition] The facts without dispute, Gap evidence (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 6 and 8, and the purport of the whole pleadings
2. The parties' assertion
A. The summary of the plaintiffs' assertion 1) The plaintiffs' assertion on unpaid wages (unit: hours) 12.5 (18:30 - 08:00 - 12.75 (excluding hours of night work to extend the basic working hours of the plaintiffs) 86.75 [=4.5 (=2.5) x 1.5] 3.5 [7 (2:00 - 06.00, 06.00, 1) x 0.5] 18.25 ( = 86.75 March 5) 18.25 ( = 86.75) the plaintiffs' daily overtime working hours of the plaintiffs are 18.25 hours in calculation as follows: