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1. The Defendant: (a) KRW 38,478,59; (b) KRW 4,454,912; and (c) KRW 4,454,912 to Plaintiff A; and (b) from July 15, 2016 to each of the above amounts.
Reasons
1. Determination as to the cause of the claim: (a) Plaintiff A was in office with the Defendant from May 1, 2006 to June 30, 2016; and (b) Plaintiff B retired from office with the Defendant from office from May 17, 2006 to June 30, 2016; (c) the Defendant’s wages and retirement allowances payable to Plaintiff A up to the time of retirement are KRW 56,205,69; (d) the amount of wages and retirement allowances payable to Plaintiff A was KRW 12,390,02; and (e) the amount of wages and retirement allowances unpaid to Plaintiff B was 12,390,02; and (e) the amount of wages and retirement allowances payable to the Plaintiff was 2016, Changwon District Court 2016 Congress1016, which was terminated on February 28, 2018, there is no dispute between the parties.
On the other hand, as part of the unpaid wage and retirement allowance, the Plaintiff A received 14,505,690 won for substitute payment from the Korea Labor Welfare Corporation, and 3,221,380 won from the Defendant respectively.
B, the Defendant B received substitute payment of KRW 6,634,840 from the Korea Labor Welfare Corporation, and KRW 1,300,270 from the Defendant respectively.
The fact that the plaintiffs received each is the plaintiffs.
Therefore, unless there are special circumstances, the defendant is obliged to pay to the plaintiffs the money corresponding to the remaining wages and retirement allowances and damages for delay.
Meanwhile, the plaintiffs sought a payment of interest in arrears calculated at the rate of 20% per annum as stipulated in Article 37(1) of the Labor Standards Act from the 14th day after the retirement day. However, according to Articles 37(1) and (2), 17, and 18(1) of the Labor Standards Act, and Article 7(1)1 of the Wage Claim Guarantee Act, where an employer fails to pay all or part of wages and retirement allowances within 14 days from the date when the cause for payment occurred, the employer should pay interest in arrears at the rate of 20% per annum for the number of delayed days from the following day until the date when the cause for payment occurred. However, where a decision to commence rehabilitation procedure under the Debtor Rehabilitation and Bankruptcy Act exists, the provision on the payment of interest in arrears under Article 37(1) of the Labor Standards Act for the period during