퇴직금 등 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s claim is as follows.
On February 26, 2005, the Plaintiff joined the Defendant Company and retired on October 31, 201, and on February 1, 2012, the Plaintiff retired on September 15, 2014.
B. However, as the Defendant Company did not pay retirement allowances within 14 days after the Plaintiff made a withdrawal on October 31, 201, the Defendant Company was obligated to pay the retirement allowances by adding 6% per annum under the Commercial Act until November 14, 2011, which is the following day from November 14, 201, to the retirement allowance amounting to 28,750,150 won during the service period up to the retirement period prior to the retirement date, and 5% per annum from the following day to the delivery date of a copy of the application for change of claim and cause of claim in this case, and from the next day to the date of full payment, 20% per annum under Article 37 of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from the next day to the date of full payment.
C. In addition, Defendant Company did not pay KRW 6,000,000 to the Plaintiff the annual and holiday allowances that occurred during the period of service until the retirement from the company was made.
In addition, the Defendant Company did not pay KRW 15,041,492 of retirement pay for the period during which the Plaintiff re-entered into the Defendant Company on February 1, 2012 and worked until retirement on September 15, 2014. Therefore, the Defendant Company is obligated to pay damages for delay at each rate of KRW 20% per annum under the Commercial Act from September 30, 2014, which is the 14th day from September 16, 2014 to September 30, 2014, and 5% per annum from the next day to the date of delivery of a duplicate of the application for change of the purport of the claim and the cause of the claim in this case, and from the next day to the date of full payment.
E. Therefore, the defendant company asserts that it is obligated to pay to the plaintiff the money stated in the purport of the claim and damages for delay corresponding to the sum of paragraphs B, C, and D.
2. Judgment on the assertion
A. As to a claim for retirement allowances from February 26, 2005 to October 31, 201, the Defendant shall: (a) from February 26, 2005 to October 26, 201, by the Plaintiff.