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(영문) 창원지방법원 2017.05.17 2016나5850

퇴직금

Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. The status of the party is that the defendant is a juristic person engaged in the food manufacturing business of kimchi, etc., and the plaintiff is a person who has joined the defendant and worked for the defendant.

B. On May 5, 2003, the Plaintiff was employed by the Defendant and was included in an honorary dismissed on August 31, 2012, but thereafter, the Plaintiff provided labor on March 13, 2014 prior to the retirement on December 31, 2014 when the said layoff was determined to be unfair.

C. From December 31, 2008, the Defendant began to make an interim settlement of retirement allowances every year with respect to employees, including the Plaintiff, at the request of the workers.

Of them, with respect to the plaintiff, the date of entry of the plaintiff

5. 1. In order to meet the interim settlement timing, the interim settlement of retirement pay was made even during the period from January 1, 2009 to April 30, 2009.

2) Accordingly, the Defendant calculated the Plaintiff’s retirement allowance, and the amount of the Plaintiff’s retirement allowance calculated on May 5, 2003 to December 31, 2008: 11,930,000 won from January 1, 2009 to April 30, 2009: 708,630 won from May 1, 2009 to April 30, 2010: 2,526,610 won from May 1, 201 to April 30, 201; 2,42,710 won from May 1, 201 to August 31, 201; 30,000 won from among the amount of the Plaintiff’s retirement allowance calculated on May 2, 201 to May 31, 202; 2,538,010 won from among the amount of the Plaintiff’s interim tax imposed on Defendant 21 to 31,208.21.2

4) After December 30, 2008, the Defendant paid to the Plaintiff the amount calculated by deducting taxes from the amount of each retirement allowance calculated as above. From January 1, 2009 to April 30, 201, the Defendant paid to B the amount corresponding to 1/2 of the above amount in accordance with the above claim seizure and assignment order. The amount of each calculation period is as follows. The amount of each calculation period is as follows: 1,529,390 won from May 5, 2003 to December 31, 2008: 11,529,390 won from January 1, 2009 to April 30, 2009: 702,720 won (the money is money).