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(영문) 대전지방법원 천안지원 2018.02.01 2016가단111764

퇴직금 청구

Text

1. The Defendant’s KRW 16,694,886 to Plaintiff A and its related costs from October 15, 2014, and KRW 11,154,222 to Plaintiff B and this.

Reasons

1. Basic facts

A. The Defendant Company is a company whose purpose is to conduct the business of manufacturing digital device distribution circuits, etc., and Plaintiff A from October 1, 1998 to September 30, 2014; Plaintiff B from December 27, 1999 to April 30, 2016; Plaintiff C from November 18, 2002 to July 15, 2016; Plaintiff D from December 16, 2002 to March 30, 2016; and Plaintiff E from March 19, 2002 to January 29, 2016.

B. The amount of the plaintiffs' retirement allowances calculated by monthly salary paid by the defendant during the period of their employment is the same as the corresponding amount stated in the "total amount of retirement" in the attached Table. The defendant company paid the retirement allowances corresponding to the period from January 1, 2005 to December 31, 2004 (the corresponding amount stated in the "amount of retirement allowances" in the attached Table) from the plaintiffs' employment date to the plaintiffs' retirement date. However, the amount of retirement allowances corresponding to the period from the plaintiffs' employment date to December 31, 2004 (the corresponding amount stated in the "amount of unpaid retirement allowances" in the attached Table) in the attached Table did not pay the difference (the corresponding amount stated in the "amount of retirement allowances" in the attached Table) on the grounds that each of the corresponding amounts stated in the "amount of retirement allowances included in the salary payment" and the defendant was paid at the end of the year.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 5, Eul's 4 (including branch numbers), and the purport of whole pleading

2. Determination:

A. The plaintiffs alleged in the parties did not have entered into an interim settlement agreement with the defendant, and even if the plaintiffs and the defendant entered into an interim settlement agreement of retirement allowances, this is, in principle, null and void. The "certificate of receipt of shortage after the settlement of retirement allowances" presented by the defendant as evidence of the interim settlement agreement of retirement allowances cannot be deemed to be an interim settlement application of retirement allowances prepared by the plaintiffs. The defendant occurred during the period of employment from the date of entry to December 31, 2004.