퇴직금 등
1. Of the judgment of the court of first instance, the part concerning the counterclaim is revoked, and the defendant-Counterclaim plaintiff's counterclaim is dismissed.
2...
1. In the first instance trial on the scope of the trial in this Court, the Plaintiff filed a claim against the Defendant for retirement allowance or pre-announcement of dismissal allowance against the Defendant at the principal claim, and the Defendant filed a claim for return of unjust enrichment on the amount paid as interim settlement of payment of retirement allowance upon a counterclaim.
The first instance court rendered a judgment citing both the plaintiff's principal claim and the defendant's counterclaim claim, and only the plaintiff appealed the part citing the counterclaim claim.
Therefore, among the judgment of the court of first instance, only the part of the counterclaim claim is subject to the judgment of this court.
2. Facts of recognition;
A. The Plaintiff was employed by the Defendant who is engaged in the business of manufacturing clothes with the trade name “C” and retired from office on October 26, 2006 to June 12, 2015.
From January 1, 2012 to June 30, 2012, the Plaintiff filed the instant principal suit, asserting that the Plaintiff did not receive KRW 662,804 as retirement allowances and KRW 206,100 as retirement allowances and KRW 868,90 as advance notice allowances.
B. While continuing the instant lawsuit, the Defendant deposited KRW 206,100 on March 21, 2016.
[Reasons for Recognition] Facts without dispute between the parties, Gap evidence No. 1, Eul evidence No. 4, the purport of the whole pleadings
3. Assertion and determination
B. The Plaintiff in the principal claim is obligated to pay to the Plaintiff 790,878 won (=128,904 won - 206,100 won) and damages for delay calculated at the rate of 20% per annum as stipulated in Article 37(1) of the Labor Standards Act from June 27, 2015 to March 21, 2016, when 14 days have passed since the date when the cause for the payment thereof occurred, and from June 27, 2015, the date when 14 days have passed since the date when the cause for payment occurred. Thus, the Defendant is obligated to pay to the Plaintiff the damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from March 22, 2016 to the date of deposit.
B. The Plaintiff and the Defendant, from January 1, 2012 to June 30, 2012, as to the first argument on the counterclaim claim.