퇴직금 등
1. The Defendant’s KRW 4,484,854 for Plaintiff A and its related costs from July 15, 2016, and KRW 9,383,672 for Plaintiff B and its related costs.
1. Facts of recognition;
A. Plaintiff A worked as a swimming instructor from August 18, 2014 to June 30, 2016 at the D Welfare Center managed by the Defendant, and retired from office, and Plaintiff B worked and retired from office from the Emerial swimming pool managed by the Defendant Corporation from August 1, 2009 to December 31, 2015.
B. The Defendant did not pay the Plaintiff A retirement allowance of KRW 3,756,154 and annual salary of KRW 728,700 until July 14, 2016, which became 14 days after the retirement date, to the Plaintiff, and the Plaintiff B did not pay KRW 7,980,662 and annual salary of KRW 1,403,010 until January 14, 2016, which became 14 days after the retirement date.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 9, Eul evidence Nos. 1, 2, 3, 7 through 10, and the purport of the whole pleadings
2. The allegations by the parties and the determination thereof
A. According to the facts of the above recognition of retirement allowance and annual allowance, the defendant is obligated to pay the plaintiff A 4,484,854 won (=3,756,154 Won 728,700), and the plaintiff B 9,383,672 won (=7,980,662 won).
As the purport of the instant claim, Plaintiff A claimed retirement allowance of KRW 3,818,007, annual allowance of KRW 1,026,195, Plaintiff B claimed retirement allowance of KRW 9,586,627, annual allowance of KRW 1,744,575, but without changing the purport of the claim, Plaintiff A recognized retirement allowance and annual allowance of KRW 1,74,575 without changing the purport of the claim as above. The claim of the Plaintiffs’ claim amount in excess of the above recognized amount is without merit.
B. The plaintiffs claim 1A) since the defendant calculated a certain amount of money as time worked every day by the plaintiffs, and paid once a month as time worked every day, the plaintiffs are not monthly salary workers but part-time workers.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 5,336,214 per day’s average wage of KRW 68,413 per day from August 18, 2014 to June 30, 2016) and KRW 2,591,940 per day’s average wage of KRW 49,845 per day x 52 weeks from January 1, 2015 to December 31, 2015.
B. Defendant.