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(영문) 서울북부지방법원 2020.02.12 2019가단115461
퇴직금
Text

1. The Defendant’s KRW 24,398,482 as well as the Plaintiff’s KRW 6% per annum from June 1, 2016 to June 15, 2016.

Reasons

Comprehensively taking account of the overall purport of arguments in the statements in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 13 through 15, the defendant may pay interim retirement pay from December 8, 1997 to May 31, 2016 to the defendant company; the plaintiff may receive interim retirement pay from the defendant during the period from December 8, 1997 to March 31, 199; and the plaintiff may receive interim retirement pay from September 1, 2007 to October 31, 201; and barring any special circumstance, the defendant may pay the plaintiff interim retirement pay from November 29, 201 to June 30, 201, to the period from June 1, 2011 to June 31, 2012 to June 31, 2012, 201, to the period from March 16, 2015 to March 31, 2016.

Furthermore, according to the facts acknowledged earlier, the Plaintiff’s daily average wage for three months before his/her retirement (=1,354,324 ± 30 days ± 11/12 months from July 1, 2012 to June 30, 2015 ± 11/12 months from July 1, 2015 to May 31, 2016; hereinafter the same shall apply). Thus, the amount of the retirement allowance is 24,39,580 won [=96,632 won 】 30 days 】 】 30 days 】 (from April 1, 199 to March 31, 207 to April 31, 2007). Thus, it is evident that the amount of the retirement allowance is calculated from July 1, 2012 to May 31, 2017).

In regard to this, the Defendant argued to the effect that the amount of retirement pay should be calculated on the basis of the wages during the three-month period before August 31, 2007, which is the last day of the retirement allowance settlement period that the Plaintiff seeks. However, in a case where an agreement on interim settlement of accounts was concluded only for some of the continuous service period before the interim settlement of accounts, there is no possibility of filing a claim for interim retirement allowance for the period during which there was no agreement on interim settlement of accounts, and there is no claim for retirement allowance for that period at the time of the final retirement (see, e.g., Supreme Court Decision 2012Da41045, Oct. 25, 2012). As to the retirement allowance claimed by the Plaintiff from April 1, 199 to August 31, 207, the agreement on interim settlement of accounts

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