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(영문) 부산지방법원 2018.03.15 2016가단351494
퇴직금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(1) On August 5, 1994, the Plaintiff entered into a business office of D Co., Ltd. (hereinafter “B”) and retired on July 31, 2014.

d. B, from January 1, 2002, revised the salary system as an annual salary system, and paid the retirement allowances up to January 31, 2001. From January 1, 2012 to July 31, 201, the Plaintiff paid retirement pension to the Plaintiff from January 1, 2012 to July 31, 2014.

•B, from January 1, 2002, from the introduction of the annual salary system, drafted an annual salary contract with workers, including the Plaintiff, including the Plaintiff, every year.

1. From January 3 to December 31 of the year, the annual salary contract period is set and the total annual salary amount is determined and paid on the basis of various allowances, bonuses, piece rates, and retirement allowances; however, based on an agreement between the employee and the employee, the amount of retirement allowances is calculated on the basis of the last day of the annual salary contract period and settled at the end of February of the following year.

Retirement benefits paid to the Plaintiff from January 1, 2002 to December 31, 201 (hereinafter “instant retirement benefits”) are as listed in the following table:

x. B was ordered to commence rehabilitation proceedings by Seoul Central District Court 2016 Ma10109 on June 7, 2016. Upon receipt of the above court’s decision to discontinue rehabilitation proceedings on July 3, 2017, the Defendant taken over the instant lawsuit.

[Grounds for recognition] Facts without dispute: Gap evidence 1, Eul evidence 2. 1. through 6. 2. 1. 2, 202, from January 1, 2002 to December 31, 2003; 182, 3. 3, 262 . 3, 458, 708 . 4. 2. 1. 1. 3, 2005 to 4. 1. 3, 208; 1. 4. 5. 1. 3, 2. 4. 4. 5, 7. 1. 3, 208 to 4. 1. 3, 205; 1. 4. 5. 1. 3, 201; 1. 4. 4. 8. 4. 1. 3, 2005; 1. 6. 4. 7. 5, 2008

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