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(영문) 대전지방법원 2015.12.09 2015가단15808
퇴직금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 9,341,97 and the interest rate of KRW 20% per annum from January 15, 2013 to the day of full payment.

Reasons

1. Basic facts

A. On December 31, 1998, the Plaintiff passed the selection test for the Reserve Officers at the Army Research and Training Corps at the Defendant’s rank, and subsequently concluded a contract with the Defendant on January 4, 199 with a private professional manpower service contract or labor contract, and served as a reserve guard for the Army Combat Training Team from January 4, 199 to December 31, 208 (a service contract was concluded in the name of a labor contract from January 4, 199 to December 31, 2008, and a labor contract was concluded in the name of a labor contract from January 4, 2009 to December 31, 2012).

B. Wages that the Plaintiff received from the Defendant for three months prior to his retirement are KRW 5.4 million per month in total.

C. Meanwhile, while changing the payment method to the Plaintiff several times during the Plaintiff’s tenure of office, the Defendant paid retirement allowances to the Plaintiff, and the specific details are as follows.

From 1999 to 2002, the Defendant paid to the Plaintiff the amount equivalent to 1/12 of the annual contract amount under the service contract as the service cost every month.

On the other hand, on September 9, 2010, the Defendant paid 6.820,000 won to the Plaintiff at the interim settlement amount of retirement allowances during the aforementioned period.

From 2003 to 2006, the Defendant prepared a service contract by dividing the total contract amount into annual salary and retirement allowance amount each year, and received an application for interim settlement of retirement pay from the Plaintiff during the pertinent contract period as retirement allowance, and paid the accumulated retirement allowance at the expiration of the contract period after accumulating the amount equivalent to 1/13 of the monthly salary. However, the Defendant paid the Plaintiff KRW 1,954,920 for the year 2003, KRW 1,926,920 for the year 2004, KRW 1,612,810 for the year 205, KRW 1,642,760 for the year 206.

From 2007 to 2009, the Defendant prepared a service agreement with the service unit price calculated by applying the unit price for each academic service, separated from the contract amount, and received an application for interim settlement of retirement pay from the Plaintiff at the beginning of January of the following year after the contract period expires, and paid retirement pay after receiving an application for interim settlement of retirement pay from the Plaintiff. The amount of retirement pay was 1,518,28,280, 2008, 1,570,000;

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