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(영문) 수원지방법원 2020.12.23 2019가단566112

임금

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 114,856,860 and the interest rate thereon from October 1, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. From July 30, 1997, the Plaintiff retired on September 4, 2017 after being employed by the Defendant Company.

(The plaintiff was appointed as a director of the defendant company on March 31, 2003, and retired on March 31, 2006, and again appointed as director on November 27, 2008, and on November 27, 2014, retired from office on December 7, 2016.

The Plaintiff was not paid KRW 107,856,860 as well as retirement allowances of KRW 7,00,000, total of KRW 114,856,860 as well as KRW 107,856,860 from February 2, 2016 to June 2017 by the Defendant Company.

C. On July 3, 2018, the Plaintiff filed a petition against Defendant C, who is the representative director of the Defendant Company, on the ground of the payment of the above benefits and retirement allowances, with the Sung-nam Branch of the Seongbuk-gu Regional Employment and Labor Agency.

On July 12, 2018, Defendant Company: (a) made installment payments of KRW 114,856,860 on September 30, 2018 and December 30, 2018; (b) March 30, 2019; (c) June 30, 2019; and (d) KRW 23 million on September 30, 2019; and (d) made installment payments of KRW 22,856,860 on September 30, 2019; (b) written a statement of payment (Evidence 4) stating that the payment would be made in addition to interest for arrears at the rate of 15 percent per annum from the date of payment to the date of actual payment.

E. The Plaintiff received the said written rejection of payment and withdrawn the said petition against Defendant C, but thereafter, failed to receive the amount indicated on the said written rejection of payment, and thereafter filed a petition against Defendant C again on the same case on November 7, 2018, and received the “written confirmation of the business owner, such as delayed payment,” that the said amount of wages and retirement allowances were delayed as a result of the investigation of the said petition by the Sung-nam Branch of the Seongbuk-gu Labor Agency.

[Evidence: Evidence Nos. 1 through 12 (including paper numbers), the whole purport of oral argument]

2. Determination

A. According to the determination on the cause of the claim 1, the Defendant Company promised to pay the Plaintiff in installments the amount of KRW 107,856,860 and the amount of KRW 7,00,000 and the total of KRW 114,856,860, which were in arrears with the Plaintiff, until September 30, 2019, barring special circumstances.