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1. The Defendant’s KRW 37,494,027 as well as 5% per annum from August 1, 2014 to January 13, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The defendant is a company with the objective of manufacturing and selling motor vehicles. On January 18, 198, the plaintiff is a person who was employed by the defendant and served as an employee of the business. After retirement on December 31, 2013, the plaintiff is an employee of the defendant's contract who has been additionally employed for one year as an employee of the business.
(A) The plaintiff was on duty as the head of Gyeonggi-gu regional headquarters B branch office of the defendant immediately before the retirement. (B)
The Plaintiff’s ex officio leave period is 21 days in total from November 4, 2013 to November 14, 2013, and from November 20, 2013 to November 29, 2013, pursuant to Article 104(2)3 of the Defendant’s collective agreement (hereinafter “instant ex officio leave period”).
(C) During the period of the Defendant’s ex officio leave from the Defendant. The Defendant paid the Defendant’s retirement allowance. The Defendant: (a) calculated the Plaintiff’s average wage on the basis of the Plaintiff’s wage paid on June 2013, 10, and 12 (Provided, That money paid by the Plaintiff under the salary specification is excluded in terms of performance encouragement) and paid KRW 113,351,980 to the Plaintiff at the time of the Plaintiff’s retirement. D. The part related to this case in the Defendant’s collective agreement and the Defendant’s collective agreement and the rules of employment regarding the Defendant’s collective agreement and the rules of employment is as follows: (b) The Company shall pay retirement allowances according to the short-term system stipulated in this Convention in accordance with the number of continuous employment years if a member has been employed for at least one year and retires; (b) the Company shall pay a short-term retirement allowance on a one-year basis for less than five years as follows. (c) The company shall apply the number of years of continuous employment to the person who has been employed for at least 13 months before his retirement.