logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.09.24 2014가단7885
임금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 10,474,657 and the interest rate of KRW 20% per annum from April 15, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From April 1, 2010 to March 31, 2013, the Plaintiff served as a construction owner and on-site management officer by the Defendant.

B. The Defendant did not pay the Plaintiff KRW 20,93,183, and KRW 20,93,183, and KRW 183,00, monthly wage of February 2013, monthly wage of KRW 3,700,00, and monthly wage of KRW 2,983,870, monthly wage of March 2013, and retirement allowance of KRW 11,049,313, etc.

C. At the time when the Defendant was in arrears with the Plaintiff’s wages, B was sentenced to a fine on June 2, 2015 from a criminal trial (Sacheon District Court 2014 High Court 2014 High Court 689) due to the above criminal facts for which the Defendant did not pay the wages and retirement allowances, and the said judgment became final and conclusive.

On the other hand, Seoul Guarantee Insurance Co., Ltd., the Plaintiff’s creditor, requested the Suwon District Court to order the seizure and collection order (2012TTT 4508) on the Plaintiff’s wage, etc. as KRW 45,013,318, which is the Plaintiff’s claim against the Defendant, and received the ruling of acceptance on February 29, 2012, and the above order (hereinafter “instant order”) was served on the Defendant around that time.

[Reasons for Recognition] Facts without dispute, Gap 1, 4 evidence, Eul 2 evidence, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the defendant may not seize the following claims to the plaintiff who was his/her employee, as provided by Article 246(1)4 and 5 of the Civil Execution Act, Article 3 of the Enforcement Decree of the Civil Execution Act, Article 246 of the Civil Execution Act (Prohibition of Seizure Claim)

4. Amount equivalent to 1/2 of the wage, pension, salary, bonus, retirement pension and other wage claims of similar nature: Provided, That where the amount falls short of the amount prescribed by Presidential Decree in consideration of the minimum cost of living under the National Basic Living Security Act, or exceeds the amount prescribed by Presidential Decree in consideration of the cost of living of standard households, the amount prescribed by Presidential Decree respectively shall apply;

5. half of retirement allowances or other wage claims of similar nature.

arrow