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(영문) 인천지방법원 2018.07.04 2017가단10960

임금등

Text

1. The Defendant (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) KRW 13,968,628, and KRW 9,312,418 and each of the above costs.

Reasons

In light of each of the plaintiffs' shares of inheritance, the plaintiff A sought payment of KRW 16,352,308 (=27,253,846 won x 0.6), and the plaintiff B claimed payment of KRW 10,901,538 won (=27,253,846 won x 0.4) and its delay damages.

B) From March 1, 2012 to August 29, 2015, Defendant Net E was only paid KRW 1 million per month while working for Defendant Company from March 1, 2012 to August 29, 2015, and the Defendant paid the amount in excess of the amount from the reimbursement for actual expenses. As such, it should not be included in the average wage, which is the basis for the calculation of the retirement allowances, inasmuch as the Defendant paid the network E’s retirement benefits to the network E, it cannot accept the Plaintiffs’ claims. (2) In light of the following circumstances, the Defendant may recognize the network E’s retirement benefits as 26,615,60 won calculated according to the following formula, and recognize the unpaid amount as 438,00 won:

(A) As of December 8, 2016, F, as of December 8, 2016, was issued a summary order of KRW 5 million (2016,16,1647) from the Seoul Southern District Court for the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act. The above summary order was issued from the Defendant Company run by F to August 28, 2015, and was issued to E, who died of working until August 28, 2015, with the same period of 0,000 won as wages of KRW 438,00,000,300 and KRW 308,560,000 from August 28, 2015. However, it was reasonable to view that the above summary order continued to be paid from the Defendant Company for the following reasons:

(1) Defendant.