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(영문) 부산지방법원서부지원 2019.08.21 2018가단13507
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 2,648,986 as well as the full payment from October 31, 2018.

Reasons

According to the purport of Gap evidence Nos. 1 and Eul evidence Nos. 1 and 2 and all the arguments, the plaintiff was a company engaged in steel products sales business using four full-time workers. The defendant was a company engaged in steel products sales business on May 22, 2017 and retired on October 16, 2018; the retirement pay to be paid by the plaintiff company to the defendant is 2,648,986 won (hereinafter "the retirement pay in this case"); and C, the representative of the plaintiff company, was issued a summary order of KRW 2,50,000 (the Busan District Court Branch Branch of Busan District Court Decision 2019Da9466) on the ground that he/she did not pay the retirement allowance in this case within 14 days from the date of retirement without agreement on extension of the due date. It is recognized that the above summary order became final and conclusive on May 15, 2019.

In light of other evidence submitted in the civil trial, unless there are special circumstances where it is difficult to adopt a factual judgment in the criminal trial in light of other evidence submitted in the civil trial, it cannot be acknowledged that the facts of the same facts are opposed to the finding of the facts in the criminal trial even though it is not bound by the fact-finding in the civil trial (see, e.g., Supreme Court Decisions 96Da9621, May 28, 1996; 97Da24276, Sept. 30, 197). Since there are no special circumstances where it is difficult to adopt a factual judgment in the above summary order, the plaintiff dismissed the defendant on May 17, 2018, and therefore there is no obligation to pay the retirement allowance in this case. However, Article 27 of the Labor Standards Act provides that in order for the employer to dismiss a worker in writing, the reason and time of the dismissal shall be notified in writing to the defendant, and there is no evidence that the plaintiff notified the dismissal in writing.

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