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(영문) 대구지방법원 2020.01.30 2019나314412

임금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On March 1, 2012, the Plaintiff joined the Defendant Company that runs the business of maintaining and managing its business facilities and provided his/her labor for the Defendant until he/she retires on April 30, 2017.

B. On May 1, 2017, the Defendant agreed between C (hereinafter “C”) and C (hereinafter “C”) to pay the Plaintiff a retirement allowance of KRW 9,55,450,00 that occurred until the Defendant succeeded to the employment contract for the Plaintiff. On May 10, 2017, the Plaintiff agreed to pay the Plaintiff a retirement allowance of KRW 9,55,455,450 that the Defendant would pay the retirement allowance of KRW 9,55,450 that was paid at the time of retirement and the total payment of the retirement allowance of KRW 9,55,450 that was paid at the time of retirement after the retirement from the Defendant to C, and that the Plaintiff would pay the retirement allowance of KRW 1,55,450 that was paid at the time of retirement. However, upon the request of the principal C, the Plaintiff prepared a written confirmation stating that “I would pay

C. On the other hand, C filed an application for rehabilitation with the Daegu District Court 2018 Gohap120 on May 14, 2018, which had not paid the said retirement allowance of KRW 9,55,450 to the Plaintiff, due to the aggravation of financial standing. The rehabilitation procedure commenced on June 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 10 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff was employed as an employee of the defendant company until he retires, and the plaintiff consented to the extension of the due date of the payment of the retirement benefits by consenting to the retirement benefits that occurred during his work as the defendant company on May 10, 2017 after his retirement to be paid at the time of retirement or at the time of the plaintiff's request.

Therefore, the defendant's employee's retirement allowance of KRW 9,555,450 and its scope from December 11, 2018, on the day following the day on which a copy of the complaint containing the plaintiff's intent to request retirement allowance was served on the plaintiff who was a worker.