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(영문) 인천지방법원 2015.10.16 2014가단202942
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 33,524,028, as well as 6% per annum from July 14, 2013 to February 6, 2014, and from the next day.

Reasons

1. The facts under the facts of recognition do not conflict between the parties, or can be acknowledged by comprehensively taking into account the respective entries and arguments of Gap 2, 4, 5, 8, 54, and 58, and the purport of the whole arguments, and the testimony of Eul 5-1, 2, 3, and 60-1 to 7, 62, and 63, and Eul 63, and the testimony of Eul 55-1 to 7, 60-2, and 63, are insufficient to reversely support the facts.

The defendant owns several ports in Mancheon-si and Pyeongtaek-si, and operates the tugboat business, and the plaintiff enters May 22, 1992 and works as the head of the company in the company's possessionC.

In June 29, 2013, the retired person is the retired person.

B. The Plaintiff was subject to the settlement of retirement allowances by January 3, 1997, but the payment method of the benefits was changed to the annual salary system from January 4, 1997 to December 31, 2007, the Plaintiff was not settled for 4,014 days in total;

From January 1, 2008 to the date of retirement, the retirement allowance was paid in advance again.

C. The monthly amount of the annual salary at the time of the Plaintiff’s retirement in 2013 is KRW 3,157,803 by dividing the annual salary of KRW 37,893,641 by 12 months, and the monthly salary of KRW 255,00 by 25,00 for the last three months before retirement is the total of KRW 10,238,40 [3,157,803 KRW x3)].

2. As the Defendant confirmed that the Plaintiff received the full amount of the statutory retirement benefits accrued from the date of entry in around 2011 to the end of 2010 and promised not to raise a civil or criminal objection against the retirement benefits, the instant lawsuit seeking the payment of the previous retirement benefits is unlawful contrary to the foregoing non-litigation agreement.

The retirement allowance is an amount of money having the nature of the later-paid wage paid to the employee who has been employed continuously for a certain period of time and has the nature of the later-paid wage. The specific claim for retirement allowance arises from the requirement of the termination of the last service, and the same claim for retirement allowance occurred at the time of the last retirement is waived or waived in advance.

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