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(영문) 서울중앙지방법원 2018.02.22 2017가단65563
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 16,185,955 and interest rate of KRW 20% per annum from April 19, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1, 3, and 5 as to the cause of the claim, the plaintiff retired from office on February 4, 2014 and on April 4, 2017. The defendant's wages that the defendant did not pay to the plaintiff during the above period are 9,493,34 won, retirement allowances are 6,692,621. The respective statements by Gap evidence Nos. 2, 4, and 7 are not interfered with the above recognition, and there is no counter-proof otherwise.

The Plaintiff asserted that the unpaid wage based on the premise that the basic wage was increased from February 2, 2015 to KRW 2.8 million per month from February 2, 2015 is KRW 27,473,33 won, retirement allowance is KRW 8,880,659. However, in light of the description of evidence No. 5, it is insufficient to recognize the unpaid wage solely by the descriptions of evidence No. 2, 4, and 7, and the above assertion is without merit.

Therefore, according to the above facts of recognition, the Defendant is obligated to pay the Plaintiff interest in arrears calculated at the rate of 20% per annum from April 19, 2017 to the date of full payment, which is the day following the 14th day after the retirement day, pursuant to Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act.

2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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