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(영문) 수원지방법원성남지원 2015.01.30 2014가단597

퇴직금

Text

1. The defendant,

A. 15,587,804 won and its related amount shall be from July 27, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and the designated parties (hereinafter “Plaintiffs”) were the Defendant’s employees, who worked in the “G” located in Seongbuk-gu, Sungnam-si.

B. The Defendant did not pay a retirement allowance of 15,587,804 won to the selected parties who worked for the Plaintiff (appointed parties; hereinafter only the Plaintiff) from September 28, 2001 to July 2, 201, from September 201, to July 31, 2013, to 11,67,880 won, from September 20, 2007 to 11,67,880 won, from March 18, 2007 to 31, 2013, to D who worked for the selected parties from March 18, 2007 to July 31, 2013, to 9,626,125 won, from September 21, 201 to 5,315,764 won.

C. The Defendant issued and finalized a summary order of KRW 3,00,000 (which is the charge of violating the Guarantee of Workers' Retirement Benefits Act) due to the fact that the Defendant did not pay retirement allowances within 14 days from the date of retirement without agreement on extension of the payment due to the violation of the Act on the Guarantee of Workers' Retirement Benefits.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-12 through 15, purport of whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiffs the amount of retirement pay and the damages for delay at the rate of 20% per annum as stipulated in the Labor Standards Act from August 15, 2013 to the date of full payment of each of the aforementioned 14 days following the date of retirement of the plaintiffs.

B. The defendant's assertion (1) stated that the defendant's argument is offset against the plaintiffs' retirement allowance claim on an equal amount with the defendant's unjust enrichment return claim, if retirement allowance is paid according to the interim settlement agreement or there is no validity of payment as retirement allowance.

(2) 판단 ㈎ 퇴직금 중간정산...