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(영문) 서울중앙지방법원 2015.02.06 2013가단339280
퇴직금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 25,434,798 and its payment from July 15, 2013.

Reasons

1. The defendant operated the business with the trade name "D" in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu and 14th 1, and concluded an employment contract with the plaintiff and had the above company work as accounting, etc. from April 18, 191 to June 30, 2013, and the plaintiff had the same year.

7. 22. After the Defendant was in arrears with his retirement pay, the Seoul Regional Employment and Labor Agency confirmed that the amount of 25,434,798 retirement pay to the Plaintiff was unpaid from the Defendant.

【Ground of recognition】 The fact that there is no dispute, Gap 1, and the purport of the whole pleading

2. The assertion and judgment

A. According to the facts of the above recognition as to the cause of the principal claim, the Defendant is obligated to pay the Plaintiff a retirement allowance of KRW 25,434,798 and damages for delay at the rate of 20% per annum from July 15, 2013 to the date of complete payment, which is 14 days after the date of retirement of the Plaintiff.

B. On January 2, 2006, the Defendant concluded a labor contract with the Plaintiff on January 2, 2006, and the relevant contents among them are as follows.

Wages shall be 22,200,000 won per annual salary.

An annual salary shall be an amount including a retirement allowance.

Wages shall be paid 1/12 of the annual salary as monthly salary on the 27th of each month.

(1) The term of annual salary contract (1) from January 2, 2006 to December 31, 2006 (12 months) and the employer and workers are to renew the contract after the expiration of the contract.

However, if there is no notification to the other party one month prior to the expiration of the contract, this contract shall be automatically extended for one year.

B) On July 28, 2012, the Defendant entered into an employment contract with the Plaintiff, and the relevant contents are as follows. (1) Wages: Comprehensive wage system (including basic pay, overtime allowances, food expenses, etc.) shall be 22,560,000 won per annual salary. Monthly pay shall be 1/12 of the annual salary on the 27th day of each month. (4) Retirement pay (including retirement pay from July 26, 2012 to July 2012, the interim adjustment of retirement allowances, including the annual salary, was completed by July 2012.

the year 2012.

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