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(영문) 서울중앙지방법원 2018.03.27 2017가단5066189
손해배상(기)
Text

1. The Defendant’s KRW 444,790 as well as the Plaintiff’s annual rate from May 2, 2017 to March 27, 2018.

Reasons

1. As to the claim for return of unjust enrichment

A. The Plaintiff is a stock company established for the purpose of software development and supply business. On June 1, 2015, the Defendant joined the Plaintiff Company and served as the researcher and retired on July 31, 2016. 2) The Plaintiff delayed the payment of wages and retirement allowances for April, June, 2016, and for July, 2016, but paid the Defendant unpaid wages and retirement allowances and interest accrued thereon at the request of the Defendant.

3) However, while paying a retirement allowance of KRW 2,098,102 to the Defendant, the Plaintiff paid a total of KRW 32,410 and KRW 35,650 (= KRW 32,410) which remains after deducting KRW 32,062,452 (= KRW 2,098, KRW 102-35,650). The Plaintiff paid a total of KRW 2,098,102 for retirement allowance of KRW 2,098,000. The Plaintiff paid a total of KRW 309,140,000 to the Defendant without deducting KRW 409,140,000 for income tax, KRW 360,000 for national health insurance premium of KRW 30,000 for KRW 360,000 for income tax, KRW 86,000 for health insurance premium of KRW 30,070, KRW 167,9716,000 for unpaid wage.

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