근로에관한 소송
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 35,166,856 as well as its full payment from May 17, 2019.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On March 30, 2019, the Plaintiff entered the Defendant Company and retired from the Defendant Company for two years after serving as a field manager of the “C Yangsan Factory” that the Defendant Company was requested to inspect, maintain, and repair the service business (factory equipment, etc.). On April 1, 2015, the Plaintiff re-entered on April 1, 2015 and served as a field manager of the said C Yangsan Factory until March 30, 2019, and retired. The fact that the Plaintiff received KRW 8.4 million per month from the Defendant Company for three months before the withdrawal on March 30, 2019 that the Plaintiff received KRW 20,000,000 per month from the Defendant Company. There is no dispute between the parties.
2. The parties' assertion and judgment
A. The Plaintiff’s assertion does not have an agreement between the Defendant Company and the Defendant Company on the installment payment of retirement allowances claimed by the Defendant Company. As such, the Defendant Company is obligated to pay the Plaintiff a retirement allowance of 35,16,856 won for the period of service from April 1, 2015 to March 30, 2019 and its delay damages.
B. The summary of the defendant's assertion that the defendant company entered into an employment contract with the plaintiff in the form of "retirement Allowance installment agreement" including retirement allowances of KRW 8.7 million in monthly salary without preparing a separate employment contract (after the plaintiff retired on March 30, 2019, the defendant company entered into an employment contract including retirement allowances of KRW 6.0 million in monthly salary while employing D to the same class as the plaintiff, and the defendant company paid the plaintiff a total amount of KRW 8.5 million in the amount of wages of KRW 8.7 million, which is the representative director of the defendant company, and it is clear that the plaintiff entered into an employment contract including retirement allowances in monthly salary) from April 1, 2015 to March 31, 2019, the defendant company paid the plaintiff the above amount of retirement allowance under the name of KRW 69,231,000 in monthly salary ( KRW 669,231,000 in each month for the above period, and paid the retirement allowance under the name of the defendant company to the plaintiff.