beta
(영문) 부산지방법원 2015.05.08 2014나13683

위로금 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 7, 2014, the Plaintiff worked as an employee of the Defendant and retired on March 7, 2014 in accordance with the Defendant’s desired retirement policy, and drafted a desired retirement agreement between the Defendant and the Defendant to receive retirement consolation benefits equivalent to three months’ wages, in addition to retirement allowances.

B. On March 11, 2014, the Plaintiff received 28,348,130 won in total from the Defendant for retirement consolation benefits for the said three-month period plus seven-month additional retirement consolation benefits.

[Ground for Recognition: Facts without dispute, Gap evidence 3, 4, Eul evidence 1, the purport of the whole pleadings]

2. Determination as to the cause of action

A. 1) The plaintiff's assertion on the part claiming additional retirement consolation benefits for 2 months was agreed to pay retirement consolation benefits for 5,669,626 won in addition to retirement consolation benefits for 10 months already paid by the defendant, and thus, the plaintiff is obligated to pay it to the plaintiff. 2) According to the Gap's evidence Nos. 6, 7-1, 7-4, the defendant's monetary call with the plaintiff, and the defendant stated that "the promise to pay a certain amount of retirement consolation benefits for 5,626 won in addition to retirement consolation benefits for 5,69, 626 won in addition to retirement consolation benefits for 10 months already paid by the defendant." However, it is recognized that the above B stated that "A's promise to pay retirement consolation benefits for 10 months in addition to retirement consolation benefits for 10 months already paid to the plaintiff."

In addition, according to the evidence No. 7-1 to No. 3, the fact that C, D, and E retired from the defendant company and agreed to receive retirement consolation benefits for the three to six months in addition to retirement consolation benefits specified in the desired retirement certificate, it is not sufficient to deem that the plaintiff agreed to receive retirement consolation benefits for the twelve months from the defendant.