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(영문) 수원지방법원 2015.07.10 2014가합13696

임금

Text

1. The Defendant’s KRW 108,042,948 for the Plaintiff and 5% per annum from September 15, 2014 to June 12, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. A. It is a company running the business of manufacturing and selling motor vehicles and industrial bags (hereinafter “debtor company”). The Plaintiff was employed by the debtor company, and was in charge of the computer business from January 11, 2006 to August 31, 2014, and was deposited on September 1, 2014, and was paid KRW 3,800,000 per month as wages before retirement.

B. The plaintiff did not receive wages from the debtor company, which falls under the following table.

From October 2012 to December 2012, 3,290,00 won monthly wage of 3,290,000 won, 9,870,000 won, and 2,510,274 won, 2,510,274 won, and 2,510,274 won, to April 2, 2012 to September 18, 2013, each month wage of 3,290,000 won, 59,220,000 won, and 420 won, 510,420 won, 510,420 won, 3,293, 293, 298, 208, 363,638, 298, 208, 200 won, respectively. < Amended by Act No. 124735, May 3, 2014; Act No. 13830163, Jun. 29, 2016, 207>

C. In addition, the Plaintiff asserted that the debtor company’s retirement pay amounted to KRW 31,080,510 from the debtor company is KRW 32,132,518. However, according to the following retirement formula, the Plaintiff’s retirement pay amounted to KRW 32,132,518.

① Total amount of wages for the three-month period before retirement: 11,400,000 won (=3,800,000 won x 3 months) ② The average daily wage: 123,913.04 won (=11,40,000 won/92, and 92 days at a decimal point; hereinafter referred to as a small number): < Amended by Presidential Decree No. 32,132,518 won (i.e., 123,913.04 x 30 days x 30 days x 315 days of holding office / 365 days of holding office / 365 days of), and was paid KRW 6,357,694 on December 3, 2014.

On May 21, 2015, the debtor company was decided to commence rehabilitation procedures with the Gwangju District Court 2015 Gohap5004, and the defendant was appointed as a joint manager.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the facts of the above determination as to the cause of the claim, the Defendant’s total amount of 108,042,948 won (=82,268,124 won 32,132,518 won -6,357,694 won) and the date of retirement of the Plaintiff.