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(영문) 인천지방법원부천지원 2015.06.17 2013가단19139
임금
Text

1. The Defendant: (a) against the Plaintiff (Appointeds) KRW 31,50,00; (b) 22,50,000; and (c) against the appointed parties C, the amount of KRW 22,50,000; and (c) against each of the said amounts.

Reasons

1. In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 19 (including branch numbers) as to the cause of the claim, the defendant company was employed and worked as an employee of the defendant company engaged in the manufacturing and selling business of strings, etc. from January 2, 2012 to September 29, 2012, and the defendant company did not pay wages of KRW 31.5 million to the plaintiff, the representative director D was indicted for having delayed payment of wages to the plaintiff, etc. and sentenced to a fine of KRW 3 million on May 27, 2014 in the Daegu District Court Decision No. 20177, May 27, 2014.

(D) Although having appealed against the above judgment, the Daegu District Court 2014No1906 decided May 15, 2015 rendered a judgment dismissing the appeal, and the present case is currently pending in the Supreme Court Decision 2015Do7724 Decided the Supreme Court). According to the above facts of recognition, the Defendant Company is obligated to pay to the Plaintiff delay damages calculated at the rate of 20% per annum as stipulated in Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from October 14, 2012 to the date of full payment with respect to wages of 31.5 million won, wages of 22.5 million won, and each of the above amounts, from the date of retirement to the date of full payment.

2. As to the assertion of the Defendant Company, the Defendant Company entered into a conditional employment contract with the Plaintiff on condition that the Plaintiff, etc., enter into a goods supply contract with the business partner and deposit the amount of KRW 1 billion in advance with the Defendant, on condition that the Plaintiff, etc., shall pay the Plaintiff the amount of KRW 3.5 million in wages and KRW 2.5 million in wages. The Plaintiff, etc., only deposited the amount of KRW 17 million in advance received from the Defendant Company, and the said condition was not fulfilled. Therefore, the Defendant Company, etc. was the Plaintiff, etc.

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