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1. The Defendant (Counterclaim Plaintiff) paid KRW 5,937,100 to the Plaintiff (Counterclaim Defendant) and its payment from June 15, 2016 to the day of full payment.
Reasons
1. The Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from April 1, 2012 to May 31, 2016, as well as from the date following the 14th day after the retirement date of the Plaintiff, to the date of full payment, to the date of full payment, by the Defendant, who is employed by the Defendant and served as a building administrator. The Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5,937,100 won and 20% per annum as stipulated in the Labor Standards Act, from the 15th day after the retirement date of the Plaintiff.
2. The defendant's judgment on the counterclaim did not settle the total amount of KRW 41,636,975, such as the management expenses that the plaintiff received from the lessee of the building while working as the manager of the building and the amount that the plaintiff voluntarily withdrawn, and therefore, the plaintiff is obligated to pay it to the defendant. However, the evidence submitted by the defendant alone is currently keeping the management expenses that the plaintiff received while working
Since it is insufficient to recognize that the plaintiff voluntarily withdrawn it and that the amount of the unpaid management expenses claimed by the defendant is KRW 41,636,975, the defendant's assertion is without merit.
3. In conclusion, the plaintiff's claim on the principal lawsuit is justified, and the defendant's counterclaim is dismissed as it is without merit. It is so decided as per Disposition.