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(영문) 전주지방법원 2017.04.26 2016가단2149
퇴직금
Text

1. The Defendant’s KRW 12,608,339 as well as 5% per annum from February 15, 2013 to April 26, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant company as a party is the company whose objective is the communications construction business, etc., and the plaintiff was employed by the defendant company on February 1, 2003 and retired while serving for 3,653 days until January 31, 2013.

B. On March 2, 2007, when the Plaintiff and the Defendant Company received benefits from the Defendant Company without preparing a separate annual salary contract, the annual salary from March 1, 2007 to February 29, 2008, including retirement pay, was prepared with a labor contract setting the working period of the above period, and around March 2, 2008, the annual salary from March 1, 2008 to February 28, 2009, including retirement pay, was set at KRW 3,356,00,000, which set the above period of employment, and was set at the above period of employment around March 2, 2010, including retirement pay, from March 1, 2007 to February 29, 2011.

C. The Defendant Company paid Defendant Company’s retirement pay to the Plaintiff KRW 3,162,00 for the 11-month period from March 1, 2012 to January 31, 2013, when the Plaintiff retires.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's primary assertion 1) The defendant company unilaterally demanded the plaintiff to prepare a retirement allowance receipt unilaterally at the time of negotiating the annual salary in 2007. The plaintiff merely signed the retirement allowance receipt according to the above request, and the interim settlement of the retirement allowance is not effective, and the defendant company is obligated to pay 27,791,137 won and delay damages to the plaintiff as retirement allowance for the period of service from February 1, 2003 to February 29, 2012. 2) If the interim settlement of the retirement allowance was made between the preliminary assertion and the defendant company, the defendant company is obligated to pay to the plaintiff the interim settlement of the retirement allowance valid to the plaintiff from February 1, 2003 to February 29, 2007.

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