beta
(영문) 전주지방법원 2018.08.07 2017가단24504

임금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 38,343,830 as well as the full payment from December 16, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) worked as a factory in the Defendant Company from January 1, 2003 to December 1, 2015, and the retirement pay accrued during the above period of employment is KRW 38,343,830.

B. On June 1, 2017, the deceased’s heir is the deceased’s spouse D and E, and the inheritors agreed on the division of inherited property by the Plaintiff’s sole inheritance of the deceased’s inherited property, such as the deceased’s right to claim retirement allowances as stated in the above paragraph (a).

C. From 2003 to 2015, the Plaintiff and the Defendant entered into an agreement on the division of retirement allowances (hereinafter “instant agreement on the division of retirement allowances”) with the content that annual salary, including retirement allowances, was paid on the 10th of the following month by equally dividing the annual salary into 12 months.

The contract confirmed by the Plaintiff as the amount of retirement allowance out of the instant retirement allowance installment agreement is specified and its amount is KRW 1,923,100 as well as the contract in 2003. The contract in the other year is not specified or the contract in the other year was not confirmed by the Plaintiff.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-1 through 3, Gap evidence 6, Gap evidence 19, Eul evidence 20, Eul evidence 2-1, Eul evidence 3-1, 2, Eul evidence 11-5, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is that the Defendant shall pay to the Plaintiff the amount stated in the purport of the claim as retirement allowance from January 1, 2003 to December 1, 2015 of the deceased.

B. The Defendant claimed for the return of unjust enrichment among the allegations and counterclaims as to the summary of the Defendant’s assertion 1, and the Defendant paid all retirement allowances to the Deceased in accordance with the instant retirement allowance division agreement.

Even if the instant retirement allowance installment agreement is not deemed an interim settlement of the retirement allowance under the main sentence of Article 8(2) of the Guarantee of Workers' Retirement Benefits Act, and such agreement is null and void, pursuant to Article 8(1) of the Addenda.