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(영문) 서울서부지방법원 2018.12.06 2018나35473

퇴직금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) On February 5, 2007, Defendant, Plaintiff’s father C, and Plaintiff’s small IBD jointly leased building 201 from LIB Co., Ltd. and agreed to operate a brokerage business. Defendant 220 million won, C287 million won, and D 220 million won (share ratio 30:40:30) with the trade name “F” on April 4, 2007, and began trading business and incidental business (hereinafter “the instant business” or “the instant business site”).

(2) On April 3, 2013, the said partner prepared a contract for termination of business with the effect that C withdraws from the partnership relationship, and changed its business registration on April 18, 2013 with the Defendant and D only as joint business operators.

3) On October 18, 2013, the Defendant and D entered into a business transfer/acquisition agreement on the instant business with additional oil Co., Ltd. and the transfer price of KRW 1.60 million, and filed a report on business closure on October 29, 2013. (iv) The head of the Si/Gun/Gu having jurisdiction over the Republic of Korea Regional Employment and Labor Office of Jungbu on January 23, 2017, the head of the Si/Gun/Gu having jurisdiction over the Republic of Korea issued a written confirmation of the amount of overdue wages, etc. (hereinafter referred to as the “instant confirmation”).

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, 5, 6, 16, Eul evidence 1 and 2, the purport of the whole pleadings

B. According to the above facts of determination, the defendant, barring any particular circumstance, shall be 7,685,823 won (i.e., 15,371,647 won x 50% x 50%) equivalent to 50% of the investment share ratio of the defendant's business of this case among the above late retirement allowances in arrears (the share was distributed in proportion to the defendant and D) from among the above late payment in arrears, and the defendant shall be from November 13, 2013 to May 4, 2018, which is the date when 14 days elapsed from the retirement date of the plaintiff, which is the money and valuables liquidation period stipulated in the Labor Standards Act.

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