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(영문) 서울남부지방법원 2014.11.12 2014가단23489

임금

Text

1. The counterclaim Defendant: 21,834,166 won to the counterclaim and 5% per annum from May 1, 2013 to April 24, 2014.

Reasons

1. Facts of premise;

A. The Counterclaim Plaintiff served in the company of the Counterclaim Defendant from December 15, 2008 to April 30, 2013.

B. The amount of retirement allowances for the said period that the Counterclaim Plaintiff served is KRW 16,823,640.

C. The annual paid leave allowance for the remainder of the annual paid leave is KRW 5,010,526, 126, excluding 12,000,000,000,000,000,000 for the annual paid leave of 61 days incurred during the period of the Plaintiff’

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination on a retirement allowance claim

A. According to the above facts of determination on the cause of the claim, the counterclaim Defendant is obligated to pay the Plaintiff the unpaid retirement allowance of KRW 16,823,640.

B. Determination as to the assertion by the counterclaim Defendant 1) The counterclaim Defendant asserted that: (a) paid 5,917,000 retirement allowances to the counterclaim Plaintiff in installments from December 2008 to September 2010; (b) obtained confirmation that he received interim settlement of the retirement allowances from the counterclaim Plaintiff on October 25, 2010; (c) paid 6,92,307 won in monthly installments from October 201 to October 2012 pursuant to the agreement to pay the retirement allowances including the monthly salary; and (d) paid 1,80,000,000 won to the counterclaim as retirement allowances from November 201 to April 30, 2013 to the Plaintiff; and (e) if the employee paid 0,000 won to the Nonparty in installments to the Plaintiff, the amount of retirement allowances cannot be paid to the Defendant in advance, including the amount of retirement allowances paid to the Plaintiff in advance, the amount of retirement allowances paid to the Plaintiff in the form of the counterclaim.