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(영문) 춘천지방법원 원주지원 2017.02.16 2016가합116
임금 등
Text

1. The Defendant’s KRW 48,495,269 for the Plaintiff and KRW 5% per annum from March 24, 2016 to February 16, 2017.

Reasons

Basic Facts

On July 5, 1994, the Plaintiff was employed as a bus driver on July 26, 2015 and retired without being paid part of wages, annual allowances, and retirement allowances.

On October 6, 2015, Thai Transportation Co., Ltd. was decided to commence rehabilitation procedures by the Chuncheon District Court 2015 Mahap509, and the defendant was appointed as the manager of the Thai Transportation Co., Ltd.

In 2016, the Plaintiff received 8,677,070 won from the Korea Labor Welfare Corporation as a substitute payment (in the case of a substitute payment for overdue wages, the amount equivalent to the wages of July 2015, and in the case of a substitute payment for retirement allowances, the amount equivalent to the retirement allowances for the last three years) and received 11,68,878 won out of the retirement allowances from the Defendant on December 23, 2016.

[Reasons for Recognition] The facts that there is no dispute, Gap evidence 1-3 and Eul evidence 4, and the defendant's remaining wages, annual allowances, and retirement allowance payment obligation did not pay 52,487 won to the plaintiff. Thus, since there is no dispute between the parties, the defendant is liable to pay the plaintiff unpaid wages with 552,487 won and damages for delay.

The Defendant’s annual allowance did not pay annual allowance to the Plaintiff from 2010 to 2015; the Plaintiff’s annual allowance paid from 2010 to 2014 totaled 10,769,170 won ( = 2,367,00 won in 2,367,070 won in 2012,512,512,950 won in 2013 2,512,950 in 2,696,990 in 2014) was not a dispute between the parties; according to the Plaintiff’s annual allowance in 2015, which was not paid by the Plaintiff from 2010 to 2014 x 1749,570 won in 2,579 x 2940 days in 20,79 x 97,90 won in 20

Therefore, the defendant is the annual allowance that is not paid to the plaintiff.

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