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(영문) 춘천지방법원강릉지원 2020.07.22 2020가단854

임금 및 퇴직금

Text

1. As to the Plaintiff KRW 30,670,473 and KRW 26,100,00 among them, the Defendant shall from January 21, 2020 to February 3, 2020.

Reasons

1. The fact that the Plaintiff’s determination on the cause of the claim was employed by the Defendant who runs the construction business, etc. from August 1, 2018 to January 20, 202, and retired from office as a safety manager of the Gangseo-si Office Office Construction Construction Work. The Defendant’s wages of KRW 26,10,000 (= KRW 2,90,000 x 9 months x 9 months) from April 1, 2019 to December 31, 2019 against the Plaintiff, and the fact that the Defendant did not pay KRW 4,570,473, total amount of KRW 30,670,470,473 during the above service period, is not in dispute between the parties or (including the fact that the Defendant was not clearly disputing) by entry in the evidence A as stipulated under subparagraph 1.

Therefore, the defendant is obligated to pay to the plaintiff 30,670,473 won in total and 26,100,000 won in arrears from January 21, 2020 following the retirement day to February 3, 2020, as requested by the plaintiff, 6% per annum under the Commercial Act from January 21, 2020 to February 3, 2020, damages for delay calculated at the rate of 20% per annum under the Labor Standards Act from the next day to the date of full payment, and damages for delay calculated at the rate of 4,570,473 won in total from February 4, 2020 to the date of full payment.

(Plaintiff also claimed for the payment of damages for delay under the Commercial Act for 14 days from the date following the retirement date, but the due date during which the Defendant is required to pay the retirement allowance to the Plaintiff pursuant to Article 9 of the Guarantee of Workers' Retirement Benefits Act shall be within 14 days from the date of the Plaintiff's retirement, and the damages for delay due to the delay that should be seen thereafter shall

2. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed. It is so decided as per Disposition.