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(영문) 대구지방법원 2018.11.30 2017가단126542
퇴직금 등
Text

1. As to KRW 6,146,620 among the Plaintiff and KRW 5,500,000 among them, the Defendant shall pay to the Plaintiff KRW 6,146,620 from July 15, 2017 and KRW 646,620.

Reasons

1. On September 3, 2015, the Plaintiff entered the Defendant Company and works as the head of the site at the construction site of the B Business (hereinafter “instant construction”) from October 2015.

June 30, 2017.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. The fact that the Defendant did not pay a retirement allowance of 5.5 million won to the Plaintiff does not conflict between the parties, and the Defendant is obligated to pay the Plaintiff a retirement allowance of 5.5 million won and delay damages.

B. (A) The Plaintiff’s assertion on the part of the claim amounting to KRW 26,334,270, including site expenses, etc. (A) paid KRW 26,334,270 in advance to Defendant Company, on behalf of the Plaintiff Company, including on-site expenses, expenses for purchasing and repairing water pumps, expenses for purchasing and repairing water cars, expenses for educational training and training, expenses for water rent, expenses for work-to-job repair, and engine repair expenses for the aircraft.

Therefore, the Defendant is obligated to pay the Plaintiff advance payment, such as the above site expenses, and damages for delay.

(B) Of 26,334,270 won, 9,062,650 won (a total of 8,513,650 won, 8,513,650 won, clothes expenses of KRW 549,00), such as site expenses, on behalf of the Defendant Company, for which the Defendant Plaintiff claimed that the Defendant had been subrogated to the Defendant Company.

The plaintiff should pay 1,525,00 won to the defendant after having the defendant pay the subcontract price to the subcontractor. Thus, it should be offset against the above on-site expenses, etc.

On February 2, 2016, the Plaintiff purchased mining damage amounting to KRW 5.5 million from the Defendant’s funds, but did not return it to the Defendant. Therefore, the above mining damage amounting to KRW 5.5 million should also be offset against the above on-site expenses, etc.

The Plaintiff purchased the Defendant’s funds of KRW 3,597,00 in KRW 3,590,000, around January 2016. Since the Plaintiff did not return the said vehicles, the said vehicle should be offset against KRW 3,597,00 in the above site expenses.

(2) Determination.

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