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(영문) 서울남부지방법원 2015.10.16 2015가단773

퇴직금

Text

1. The Defendant’s KRW 27,144,066 and its ratio shall be 20% per annum from January 5, 2013 to the date of full payment.

Reasons

1. Basic facts

A. From March 10, 1996 to March 10, 1996, the Plaintiff was employed by the Defendant who produces parts of beryllium materials in the name of “C,” and worked from 2 p.m. to 6 p.m., and is on duty until December 21, 2012, when receiving KRW 2 million per month from March 10, 2009.

The retirement was withdrawn.

B. On August 14, 2012, the Defendant settled a retirement allowance of the Plaintiff from January 1, 2010 to June 30, 2012 and remitted it to the Plaintiff’s account at KRW 5,421,254.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1, 2, 3 (including paper numbers), Eul evidence 3-2, the purport of the whole pleadings

2. Determination:

A. The Plaintiff asserts that the Plaintiff received retirement allowances from the Defendant from January 1, 2010 to December 20, 2012, and that the Defendant did not pay the retirement allowances accrued from March 10, 1996 to December 31, 2009, the remainder of the period he/she was employed by the Defendant, and thus, the Defendant is liable to pay the said retirement allowances and its delay damages to the Plaintiff.

In light of the above facts, the defendant's monthly salary is 65,461.41 won per day which is calculated on the basis of the monthly salary of 2 million won, and the retirement salary is calculated on the basis of this, from March 10, 1996 to December 31, 2009, considering 5,045 days which is service period, from March 10, 1996 to December 31, 2009, it is 27,14,066 won (=average average wage of 65,461.41 won per day x 30 days x (5,045 days in total ± 365 days in total) 】 The defendant is liable to pay the plaintiff's unpaid retirement salary of 27,14,066 won, and damages for delay at the rate of 20% per annum from January 5, 2013 to 30 days in full.

B. As to the assertion that the retirement allowance does not occur when the defendant's assertion was determined 1 p.m., the defendant was merely working as a Si rate system from March 10, 1996 to March 9, 2009, and during the above period, it is merely working as a Si rate system from 2 p.m. to 6 p.m.

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