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(영문) 수원지방법원 2015.11.19 2015가단30714
임금
Text

1. The defendant shall pay to the plaintiff A KRW 34,352,388, and KRW 31,284,521 and each of them shall be repaid from January 15, 2015.

Reasons

From March 1, 2013 to December 31, 2014, the Plaintiffs were employed by the Defendant and retired from office. Plaintiff A did not receive KRW 31,284,521, including the total of KRW 29,420,70, and annual leave allowance in 2014; KRW 34,352,388, including retirement allowance 3,971,688; KRW 27,085,750, and KRW 513,333, retirement allowance; and KRW 31,284,521 from the Defendant.

[Ground of recognition] Gap 1, 2, and the purport of the entire argument that the defendant paid part after retirement of the plaintiffs. However, there is no evidence to acknowledge it, and the withholding amount should be deducted, but in principle, the withholding agent's obligation to pay is established at the time of paying income. Thus, the above argument is without merit

Therefore, the defendant is obligated to pay to the plaintiff A 34,352,388 won, the plaintiff B 31,284,521 won, and damages for delay calculated at the rate of 20% per annum under the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits from January 15, 2015 to the date of full payment. It is so decided as per Disposition.

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