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(영문) 서울중앙지방법원 2014.11.05 2013가단126187
기타
Text

1. The Defendant shall pay to the Plaintiff KRW 9,044,989 and KRW 4,875,105 among them, 20% per annum from September 24, 2014 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the purport of the entire arguments in each of the statements in subparagraphs A and 2, the Plaintiff retired from office for 27 months from the Defendant Company from February 28, 2008 to May 31, 2010, and the Defendant Company did not pay KRW 4,875,105,000,000,000 for annual paid leave allowances, including KRW 3,210,035 and annual paid leave allowances.

B. According to the above facts of recognition, the Defendant Company is obligated to pay to the Plaintiff KRW 9,04,989 (Accounting forms are as follows) and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from September 24, 2014 to the date of full payment, barring special circumstances.

Calculation Form: 9,044,989 won = Principal 4,875,105 won = Damages for delay calculated by applying a non-ratio of 20% per annum from June 15, 2010 to September 23, 2014 (four years and 101 days) pursuant to Article 37 of the Labor Standards Act.

2. Judgment on the defendant's defense

A. The Defendant Company and the Plaintiff agreed to pay the wages by adding 1/12 of the retirement allowance to the monthly wage, which is set at the minimum guarantee rate under the Plaintiff and the Labor Standards Act, and accordingly, paid the retirement allowance in full.

As such agreement is null and void, the defendant company is obliged to pay retirement allowances.

Even if the plaintiff is obligated to return the money in the name of retirement allowance already received to the defendant company as unjust enrichment, and the defendant company thereby offsets the obligation to pay retirement allowance to the plaintiff.

Therefore, the part of the plaintiff's claim for retirement allowance is without merit.

B. The Defendant Company submitted only the wage contribution ledger unilaterally prepared not by agreement with the Plaintiff, but by agreement with the Plaintiff.

In addition, there is no evidence to support that the Defendant Company’s disposal of the total sum of KRW 2,519,015 ( KRW 694,869, KRW 1,338,456, KRW 557,69, KRW 590, KRW 2009) at the time of year-end settlement by payment of retirement benefits by advance payment to the National Tax Service, and that reporting to the National Tax Service was made under the agreement with the Plaintiff.

. These circumstances;

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