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(영문) 춘천지방법원영월지원 2014.09.03 2013가단5010
노임금 등
Text

1. The defendant,

(a) 3,247,494 Won and 169,716 Won among them shall be from July 29, 201 to July 29, 201; 3,077,78 Won.

Reasons

1. Basic facts

A. On January 20, 199, the networkF joined the Defendant Company and retired on February 28, 2005, but joined the Defendant Company on April 1, 2005 and worked for the Defendant Company by July 29, 201.

B. F was paid KRW 2,300,000 per month from April 2005 to October 2010 by Defendant Company (the amount of KRW 934,260 per month following the relevant month’s payment date). The amount of November 2010 was paid KRW 1,00,000 (the amount of actual receipt after deducting withholding tax amount).

C. Meanwhile, as amended on September 1, 2003, the employee's retirement benefits rules and the employee retirement benefits rules provide that the employee's retirement benefits shall be calculated by multiplying the average monthly wage by 130%. The Defendant Company deposited the estimated amount of the employee's retirement benefits as a security deposit for retirement trust with the National Bank of Korea as of December 31, 2003, which is calculated on December 30, 2003 according to the above provisions. At the time, the average monthly wage was calculated as the sum of monthly wages and bonuses, while paying the employee's retirement benefits to the Plaintiff on March 2005, the average monthly wage was calculated as the sum of monthly wages and bonuses.

The F died on July 29, 2011, and the F succeeded to F's property according to the respective inheritance shares of the F C/9, the Plaintiff, the Appointor D, and E, who are children, respectively.

[Reasons for Recognition] Unstrifed Facts, Gap evidence Nos. 1 through 4, Gap evidence No. 18, Eul evidence No. 19-1 through 21, Eul evidence No. 1, Eul evidence No. 5 through 10, Eul evidence No. 16-19, Eul evidence No. 22, Eul evidence No. 23, and Eul evidence No. 23, as a result of the order to submit financial transaction information to Jin Agricultural Cooperative Head of this Court, the purport of the entire pleadings as a whole.

2. The parties' assertion

A. The Plaintiff’s assertion F was paid KRW 2,300,000 per month as salary and KRW 500,000 per month as an employee of the Defendant Company and died on July 29, 201. The Defendant Company’s pay to F from November 201 to July 201.

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