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(영문) 서울북부지방법원 2018.07.11 2017가단142247
임금
Text

1.(a)

Defendant D: 7,189,224 won to Plaintiff C; 2,905,476 won to Plaintiff B; and 16,868,592 won to Plaintiff A;

B. Defendant E.

Reasons

1. Facts of recognition;

A. Plaintiff C works for the textile retail business from December 23, 2013 to September 19, 2017; Plaintiff B from October 6, 2014 to February 3, 2017; and Plaintiff A from January 10, 201 to September 19, 2017 to “G” operated by F.

The retirement was made.

B. However, from F, the Plaintiff C did not receive KRW 11,982,040 for retirement allowance, KRW 4,842,460 for retirement allowance, and KRW 28,114,320 for retirement allowance.

C. The F died on September 19, 2017, and there was Defendant D and his wife as his inheritor, Defendant E.

[Reasons for Recognition] The fact that there is no dispute (the defendant only submitted a simple written objection that does not dispute the plaintiff's cause of claim after being served with the original copy of the payment order, and did not appear on the date of pleading, and therefore all the plaintiff's allegations were led to confession under Article 150 of the Civil Procedure

2. Determination

A. According to the above facts of recognition, the Defendants, the deceased’s inheritors, bear the retirement allowance obligation against the Plaintiffs by dividing them by inheritance shares. Defendant D’s inheritance shares are 3/5, and Defendant E are 2/5. Thus, Defendant D is retirement allowance. Defendant D is a retirement allowance of the Plaintiff 7,189,224 won (=1,982,040 won x 3/5), 2,905,476 won (= 4,842,460 x 3/5) to Plaintiff B, 16,868,592 won (= 28,114,320 x 3/5) to the Plaintiff, and Defendant E is obligated to deliver money to the Plaintiff at an annual interest rate of 4,792,816 won (= 11,982,040 x 2/5) to the Plaintiff 1,93,984, 2284, 215 x 215 x 215 x 214,25

B. The plaintiffs jointly and severally seek retirement allowances from the Defendants, but the Defendants, the deceased’s inheritors, bear the obligations in installments according to the inheritance shares. As such, the amount recognized in the above paragraph (a) is recognized.

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