logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.04.27 2015가단242807
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,861,591 and interest rate of KRW 20% per annum from January 4, 2015 to the day of complete payment.

Reasons

1. Case progress

A. The Plaintiff joined on June 21, 2010 and retired on December 20, 2014, to “C”, a company for which the Defendant had operated in Changwon-si, Changwon-si.

B. The Plaintiff filed the instant lawsuit claiming the payment of bonuses and retirement allowances by asserting that the Defendant did not pay the bonuses and retirement allowances properly.

2. The parties' assertion

A. The plaintiff's assertion that the defendant did not pay to the plaintiff a total of KRW 60,985,248 as follows.

(1) The Defendant agreed to pay KRW 2,500,000 per month for two years from June 21, 2010 to June 20, 2012, and KRW 5,00 per month for two years from June 21, 2012 to December 20, 2014.

(2) The Defendant agreed with the Plaintiff to pay an amount equivalent to 200% of the monthly salary every year from June 21, 2010 to December 20, 2014, which is a member-based bonus, as separate bonus from the pre-paid bonus, and did not pay it.

The unpaid amount of bonuses shall be 35,00,000 won [=10,000 won per month 2,50,000 through June 20, 2012 x 2,000 won per month x 2,500% x 200 years) for the pertinent two-year period from June 21, 2012 to December 20, 2014 (25,000 won per month 5,00,000 x 200 x 200 x 200 x 6 months)];

(3) The Defendant paid the Plaintiff retirement allowance of KRW 25,985,248 (the monthly salary of KRW 5,00,000, and the amount calculated on the premise of KRW 200 per year as at the time of retirement), but did not pay it.

B. The Defendant’s fixed wage of KRW 1,100,000 per month from the time of entry to July 2013, and KRW 1,200,00 per month from August 2013 to the time of retirement.

The remainder of the money that the plaintiff received shall not be considered in the calculation of bonuses and retirement allowances, because it is a sales allowance, or it is paid to the plaintiff's husband who was the witness D who was the defendant's dual son.

The defendant did not agree to pay bonuses to the plaintiff by 2013, and all bonuses paid in 2014 were paid.

The plaintiff's retirement allowance is monthly at the time of retirement.

arrow