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(영문) 광주지방법원순천지원 2015.04.03 2015가단70017

퇴직금

Text

1. The Defendant’s KRW 80,758,786 for the Plaintiff and its related KRW 5% per annum from October 1, 2014 to October 14, 2014.

Reasons

1. Indication of claim;

A. The Defendant is a medical corporation foundation that operates the medical period under the trade name of the “nives heart hospital” from the business 19-ro 5-gil (Sukdong). The Plaintiff is a person who entered into an employment contract with the Defendant, and worked at the women’s heart hospital from March 1, 2010 to September 30, 2014, and retired from office.

B. The Plaintiff, as an employee prescribed by the Labor Standards Act, has faithfully served from March 1, 2010 to September 30, 2014, but the Defendant did not pay a retirement allowance to the Plaintiff. The unpaid retirement allowance by the Defendant is the average wage of KRW 586,956,56.52174 (average wage per day) per day 80,758,786 x 30 days x 1,674 days/365 (total number of days of service/365 days).

C. Therefore, the Defendant is obligated to pay to the Plaintiff 80,758,786 won of retirement allowance and the amount equivalent to 5% per annum under the Civil Act from October 1, 2014 to October 14, 2014, which is the expiration date of the money and valuables liquidation period under Article 36 of the Labor Standards Act, and 20% per annum under Article 37(1) of the Labor Standards Act from the next day to the day of full payment.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;