퇴직금 등
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 35,736,427 and KRW 6,808,264 from June 1, 2019 to June 1, 2019.
1. Facts of recognition;
A. From September 2, 2017, the Plaintiff worked as a worker in D operated jointly by the Defendants, and retired on May 31, 2019.
B. When Defendant C and the Plaintiff borrowed from a financial institution to Defendant C, Defendant C paid monthly installment payments, and Defendant C agreed to lose the benefit of time and pay the Plaintiff the total amount of the remainder and the interest on the remainder of the obligation to the Plaintiff, even once the payment is delayed, and Defendant B jointly and severally guaranteed this.
Accordingly, on October 25, 2018, the Plaintiff agreed to KRW 16 million from E Co., Ltd. (hereinafter “E”) at a rate of 16.9% per annum and monthly installment repayment of KRW 396,781 per annum, and agreed to KRW 15 million from F Co., Ltd. (hereinafter “F”) at a rate of 17% per annum and KRW 368,901 per month and loaned it to the Defendant C.
C. From June 2019, Defendant C was above B.
The respective installment payments stated in the subsection were not paid, and the E-loan balance as of June 18, 2019 is KRW 14,556,665, and the F Loan balance as of June 21, 2019 is KRW 13,605,816.
The Plaintiff did not receive KRW 2.5 million and retirement allowances of KRW 4,308,264 in May 2019.
[Ground for recognition] Defendant B: A without dispute, entry of Gap evidence 1 through 6 (including a branch number; hereinafter the same shall apply), the purport of whole pleadings, and defendant C: by service by publication (Article 208(3)3 of the Civil Procedure Act)
2. The assertion and judgment
A. The Plaintiff asserted that the Defendants did not receive retirement pay of KRW 4,308,264, annual allowances of KRW 1,722,00,00 from May 2019, and Defendant C did not pay KRW 396,781, and KRW 368,901, which was paid in installments in June 2019, and accordingly, the benefit of each of the above loans was lost.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 37,458,427 (=2,50,000 KRW 4,308,264 KRW 1,72,00 KRW 396,781 KRW 368,901 KRW 14,556,65 KRW 13,605,816).