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(영문) 서울중앙지방법원 2016.05.02 2015가단120916
임금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 27,636,821 and the interest rate of KRW 20% per annum from April 12, 2015 to the day of complete payment.

Reasons

1. Although the Plaintiff was employed by the Defendant Company from September 2, 2011 to March 28, 2015, and retired from office by going through the process of developing voice-type programs, etc., the Defendant may be acknowledged as either Party (i) having not paid KRW 27,636,821, including the total amount of wages from November 2014 to March 2015, including KRW 25,449,101, and retirement allowances of KRW 13,723,698, and other money and valuables of KRW 2,187,720, and KRW 27,636,821, including other money and valuables, and KRW 2,636,821, or by the entire purport of the pleadings.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum under Article 37(1) of the Labor Standards Act, Article 17 of the Enforcement Decree of the same Act, and Article 2 subparag. 5 of the Guarantee of Workers' Retirement Benefits Act, from April 12, 2015 to the date of full payment after 14 days from the Plaintiff’s retirement date.

2. The defendant's assertion asserts that the defendant is liable to pay only the remainder after deducting the amount of KRW 2,004,420 that should be paid as national pension, health insurance, income tax, etc. from the amount claimed by the plaintiff.

However, since the defendant did not submit data proving that he withheld the above national pension and paid it in advance in the wage, etc. to the plaintiff, it cannot be deducted from the plaintiff's claim amount.

Therefore, the defendant's assertion is not accepted.

3. The conclusion is accepted by the Plaintiff’s request.

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