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(영문) 인천지방법원 부천지원 2021.03.26 2020가단7271

임금

Text

1. The Defendant shall pay to the Plaintiff KRW 67,287,181 as well as 20% per annum from October 19, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. From January 15, 2011 to October 4, 2019, the Plaintiff served as an employee of the Defendant Company, and was paid KRW 2,00,000 per month.

B. The Plaintiff’s benefits that the Plaintiff did not receive by October 4, 2019 are the total of KRW 45,258,064, and the retirement benefits are KRW 22,029,117.

(c)

Defendant was indicted due to a violation of the Labor Standards Act, etc., and was sentenced to imprisonment for eight months and two years of suspended execution (Seoul District Court 2020 order 3630) for the crime that the Plaintiff did not pay wages of KRW 45,258,064 and retirement allowances of KRW 22,029,117). [Grounds for recognition] There was no dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, and 1, and 2, and the purport of the entire pleadings

2. In light of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff wages and retirement allowances totaling KRW 67,287,181 (i.e., wages totaling KRW 45,258,064 retirement allowances totaling KRW 22,029,117), and the amount of delayed damages calculated at the rate of 20% per annum from October 19, 2019 to the date of full payment, 14 days after the date of retirement, to the date of full payment, barring special circumstances.

3. The Defendant’s assertion, etc. asserted that the amount of the Plaintiff’s salary should be calculated on the basis of the fact that the amount of the Plaintiff’s salary was reduced to KRW 1,00,000 from June 2017, but the evidence submitted by the Defendant alone that the Plaintiff and the Defendant agreed to do so.

The defendant's above assertion is not acceptable because there is no other evidence to acknowledge it.

4. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.