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(영문) 대구지방법원 2020.12.02 2020나311815

임금

Text

Of the part concerning the principal lawsuit in the judgment of the first instance, the Plaintiff (Counterclaim Defendant) corresponding to the amount ordered to be paid below.

Reasons

1. The scope of the instant court’s judgment: (a) the Plaintiff filed a claim on ① wage and retirement allowance of KRW 14,597,109 and its delay damages; (b) the return of unjust enrichment of KRW 1,350,000 and its delay damages; and (c) the Defendant filed a claim for damages arising from embezzlement as a counterclaim; and (d) the Defendant filed a claim for damages arising from each settlement of accounts in 2015 and 2017.

The court of first instance accepted KRW 14,597,109 as to the above claim in the principal lawsuit, and partly accepted the claim for damages for delay, and dismissed the remainder. The above claim was dismissed, and some of the counter-claim was accepted.

As to this, the Plaintiff appealed only on the part of the claim for damages for delay which was partially dismissed among the claims under the above paragraph (1), and the remainder of the lawsuit and the counterclaim did not appeal both the Plaintiff and the Defendant

Therefore, the scope of this Court's adjudication is limited to the claim for damages for delay partially dismissed among the claims in this lawsuit.

2. Facts of recognition;

A. From February 24, 2012, the Plaintiff was employed by the Defendant and worked as an employee in charge of accounting, sales, etc. at the Defendant’s workplace, and retired on February 28, 2018.

B. The Defendant did not pay the Plaintiff the total amount of KRW 9,578,260 and KRW 5,018,849 for retirement allowances.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

3. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff a total of KRW 14,597,109 (= KRW 9,578,260 + KRW 5,018,849 +) and damages for delay calculated at the rate of 20% per annum under the Labor Standards Act and the Enforcement Decree of the same Act from March 15, 2018 to the date of full payment, 14 days following the date of retirement of the Plaintiff.

Since the plaintiff's wage and retirement allowance claims are recognized in full, it is deemed that the defendant's argument is appropriate as prescribed in Article 18 (3) of the Enforcement Decree of the Labor Standards Act.