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(영문) 수원지방법원 2019.01.24 2017나18467
임금
Text

1. All of the appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim filed by the Defendant-Counterclaim Plaintiff at the trial is dismissed.

2...

Reasons

A principal lawsuit or counterclaim shall be deemed to be a same.

1. Determination as to the cause of the principal claim

A. The scope of the instant court’s adjudication was wholly accepted by the Plaintiff at the first instance court on February 2017 by claiming for KRW 500,000, retirement allowances of KRW 2,548,360, advance notice allowances of dismissal, KRW 1,607,655, and KRW 170,010, total amount of KRW 4,826,025, and that part of the Defendant appealed.

The Defendant stated that the Defendant’s retirement allowance payable to the Plaintiff is not KRW 2,548,360, not KRW 1,514,745. Therefore, the Defendant’s payment of wages and retirement allowance payable to the Plaintiff is not KRW 3,792,410 in total (i.e., wages and retirement allowance of KRW 500,000 in advance payment of KRW 1,607,655 in February 3, 2017, the Defendant was acquitted on the part of advance payment of dismissal allowance in criminal proceedings, but the purport of the appeal in this case was maintained as is. The Defendant asserted that in the first instance judgment, the Defendant’s payment order against the Plaintiff in excess of KRW 3,792,410 in advance payment was revoked, and that the Plaintiff’s claim for revocation was dismissed.

Therefore, only a part of the unpaid retirement allowance among the main claim of this case is subject to the judgment of this Court.

B. Considering the overall purport of the statements and arguments as to Gap evidence Nos. 1, 2, 5 through 7, and 9, it is recognized that the plaintiff was employed by the defendant who operates the steel product manufacturing business and worked for him/her from January 4, 2016, and retired on February 10, 2017. The defendant did not pay to the plaintiff KRW 500,000 monthly wages, retirement allowances of KRW 2,548,360, advance notice of dismissal, KRW 1,607,65, and KRW 170,010, total amount of KRW 4,826,025.

According to the above facts, the defendant shall pay to the plaintiff the total amount of KRW 4,826,025 including wages and retirement allowances, and the following day from February 25, 2017 to the date of full payment, which is 14 days after the retirement date of the plaintiff.

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