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(영문) 춘천지방법원 2014.12.09 2014가단1679

퇴직금

Text

1. The Defendant (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) KRW 18,941,745, and KRW 14,22,158, to Plaintiff (Counterclaim Defendant) B.

Reasons

1. Facts of recognition;

A. The defendant is a company established for the purpose of construction business, and the plaintiffs were retired while serving in the defendant company.

B. From May 2008, Defendant Company paid the Plaintiffs’ share of national pension, health insurance, employment insurance, etc.

C. At the time of retirement, the Plaintiffs filed a complaint against E on the ground that part of the retirement allowances was not paid by the Defendant, and E was indicted for violating the Act on the Guarantee of Workers' Retirement Benefits, and was sentenced to a fine of KRW 4 million by the Chuncheon District Court Decision 2013Da5854 on February 10, 2014, but E requested formal trial as the above court 2014 high-level157 and was sentenced to a fine of KRW 3 million on July 17, 2014 on the ground that E was not paid a retirement allowance within 14 days from the date of retirement, and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 2 to 4, 17, Eul evidence 5-4, the purport of the whole pleadings

2. The assertion and judgment

A. We examine the determination as to the cause of the principal claim. Plaintiff B, from April 1, 2008 to July 11, 201, 2013, and Plaintiff C, from April 1, 2008 to July 22, 2013, have no dispute between the parties, and the fact that Plaintiff C retired from office while serving as an operator of the soft season at the Defendant Company. Upon considering the overall purport of the arguments in the evidence No. 2-7, 14 through 16, 24, 26, and 5-4, Plaintiff A, from April 1, 2007 to July 21, 2013, Plaintiff B retired from office as above, Plaintiff A is recognized as retirement pay of Plaintiff C, 19, 207, 14 through 16, 24, 26, 157, 196, 157, 196, 257, and 5-4.

According to the above facts, unless there are special circumstances, the defendant has the remaining retirement benefits 18,941, excluding the amount that the above plaintiff was paid by the defendant to the plaintiff A.