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(영문) 수원지방법원 2015.05.29 2014가합9000

임금 등

Text

1. The Defendant’s KRW 81,978,216 for the Plaintiff and KRW 5% per annum from July 24, 2014 to May 29, 2015.

Reasons

1. Basic facts

A. On March 2, 1999, the Plaintiff joined the Defendant for the purpose of housing construction business, etc. and retired from office around 2014.

B. The Plaintiff filed an application with the Sung-nam District Labor Agency for the verification of the existence of the amount in arrears with the Defendant, and the labor inspector investigated the Defendant’s representative director, and then, the Plaintiff drafted a confirmation note of the amount in arrears with the content that the Plaintiff did not receive the amount of wages of 24,489,700 won from April 2013 to January 2014, 200, other allowances of 27,60,000 won, retirement allowances of 27,60,000 won, and retirement allowances of 51,367,628 won.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion is obligated to pay the Plaintiff unpaid wages, regular bonuses, retirement allowances totaling KRW 151,162,530 (=38,500,000), KRW 38,50,000, KRW 59, and KRW 53,629,171 as regular bonuses from April 2, 2013 to May 2014, and KRW 59,033,359, and KRW 53,629,171 as retirement allowances. Thus, the Defendant is obligated to pay the Plaintiff unpaid wages, regular bonuses, retirement allowances totaling KRW 151,162,530 (=38,50,000), KRW 59,03,629,171) and delay damages.

3. Determination

A. On May 31, 2014, the Plaintiff asserted that he retired while serving in the Defendant until May 31, 2014, the Defendant asserted that the Plaintiff was working in the Defendant only until January 2014, and therefore, on this point, we examine.

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 5, the defendant prepared a written confirmation that the plaintiff retired from employment on May 31, 2014 by means of recommendation to reduce the number of employees due to the company's deterioration of management, and the fact that the ledger was prepared on May 31, 2014 with respect to the plaintiff. Accordingly, it is reasonable to deem that the plaintiff retired from office while working for the defendant until May 31, 2014. Accordingly, the plaintiff's unpaid wages, etc. shall be calculated on the premise that the plaintiff retired from office.

B. According to the facts as seen earlier and the evidence No. 5, the Plaintiff’s wages from April 2013 to January 2014.