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1. The Defendant’s KRW 24,964,440 and its weight to the Plaintiff:
A. From August 15, 2014, KRW 19,464,40 shall be repaid.
Reasons
1. Facts of recognition;
A. The Plaintiff was employed by the Defendant running “C” and retired from office from office from June 20, 2005 to July 31, 2014.
B. The Plaintiff did not receive the total of KRW 12,275,170 (i.e., KRW 1,075,170 from March 2014 to July 2014) and retirement allowances of KRW 7,189,270 from April 2014.
C. On April 15, 2015, the Defendant drafted a written confirmation (hereinafter “instant confirmation”) with the following content to the Plaintiff.
It is confirmed that due to the deterioration in the management of the company A failed to pay the employee A’s benefits and retirement allowances from January to July 2013, 2013, the amount of KRW 3 million for materials, the amount of KRW 25 million for oil, and the amount of KRW 25 million for oil. [Grounds for recognition] There is no dispute, the entries in Gap’s evidence 1 to 2, and the purport of the whole pleadings.
2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff 19,464,440 won (i.e., unpaid wage of KRW 12,275,170 retirement pay of KRW 7,189,270) and damages for delay calculated at the rate of 20% per annum from August 15, 2014 to the date of full payment, which is the 14th day following the date of retirement.
In addition, according to the confirmation document of this case, the Defendant is obligated to pay to the Plaintiff 5,500,000 won (i.e., material cost of KRW 3,000,000,000) and damages for delay calculated by the rate of 5% per annum prescribed by the Civil Act from April 15, 2014 to February 5, 2015, which is the delivery date of a copy of the complaint of this case, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. Judgment on the defendant's assertion
A. The Defendant’s assertion first, the unpaid wages of the Plaintiff are KRW 9,475,170, and the unpaid wages of KRW 9,085,510 in total to the Plaintiff from April 2014 to July 2014 are KRW 389,660.
Next, the letter of confirmation of this case is the material cost of the Plaintiff.