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(영문) 의정부지방법원고양지원 2016.07.20 2015가단73992

퇴직금 등

Text

1. The Defendant: 20,596,821 won to Plaintiff A; 15,008,287 won to Plaintiff B; 1,076,922 won to Plaintiff C; and 4,013 to Plaintiff D.

Reasons

1. Determination as to the cause of claim

A. According to the overall purport of the statements and arguments by Plaintiffs A and A, and evidence Nos. 1 through 3, 3-1, 4-1, 4-1, and 4-4 of the evidence Nos. 1 through 4, Plaintiff A entered into G operated by the Defendant on October 1, 201 and retired from office until November 20, 2014. Plaintiff A retired from office by October 20, 2014. Plaintiff A’s wages of October 4, 2014, KRW 326,923, 2,884, 613 [Calculation KRW 2,615, for calculation of wages of November 2, 2014 (=4,326, 923 】 20/30, and less than won; hereinafter the same shall apply].

(i)It can be recognized that each of them has not been paid the retirement allowances of 13,385,285 won (i.e., average daily wage of 142,106.72 won x 30 days x 1146/365 days).

According to the above facts, the defendant is obligated to pay the plaintiff A the total amount of 20,596,821 won (=4,326,923 won 2,884,613 won) and damages for delay.

Plaintiff

A is also seeking the payment of the loan amounting to KRW 9,00,000 and the delay damages therefor. However, the written evidence Nos. 2-1, 2, and 5 is insufficient to acknowledge that there was an interest agreement as alleged by the Plaintiff A, and there is no other evidence to acknowledge it. Thus, this part of the Plaintiff’s assertion based on the premise that there was the above interest agreement is without merit.

B. According to the overall purport of the statements and arguments by Plaintiff B, evidence Nos. 1 through 3, evidence Nos. 1-2, 3-4-1, and 4-4 of the evidence Nos. 1-2, 3-4, respectively, Plaintiff B was employed in G operated by the Defendant on April 16, 2012 and retired from office until November 20, 2014. Plaintiff B did not receive retirement pay from the Defendant on October 2014 (3,942,308, monthly wage of 2,628,205 won (3,942,300 x 3,942,300 x 20 days).

According to the above facts of recognition, the defendant, except in extenuating circumstances, shall make the plaintiff B a total of 15,008 wages and retirement allowances payable to the plaintiff B.