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(영문) 부산지방법원 2016.04.22 2016가단301796

임금

Text

1. The Defendant’s KRW 88,778,286 for the Plaintiff and KRW 5% per annum from October 15, 2014 to January 22, 2016, respectively, shall be the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 3, the plaintiff was unable to receive from the defendant on May 15, 1990 the sum of KRW 9,678,600 out of the wages during the above service period and KRW 88,78,286 (= KRW 9,678,600, KRW 79,686) out of the total amount of retirement allowances and KRW 79,686 (= KRW 9,678, KRW 600, KRW 79,689, and KRW 686).

According to the above facts, the defendant is obligated to pay the plaintiff the unpaid wage and retirement allowance of 88,778,286 won and damages for delay from October 15, 2014 after 14 days from the above retirement date (the plaintiff sought payment of damages for delay from October 1, 2014, the day following the above retirement date, but Article 37(1) of the Labor Standards Act provides that unpaid wage and retirement allowance shall be liable for delay from the 14th day after the retirement date. Thus, the plaintiff's claim for this portion shall not be accepted) within the scope of the interest rate prescribed by the Labor Standards Act and its Enforcement Decree, as requested by the plaintiff, 5% per annum from the date of delivery of the copy of the complaint of this case until January 22, 2016, and 15% per annum from the next day until the date of full payment.

Thus, the plaintiff's claim is reasonable within the above scope of recognition, and the remaining claims are dismissed as there is no reasonable ground.