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(영문) 수원지방법원 2018.11.21 2017가단549519
임금
Text

1. The defendant shall be the plaintiff.

(a) 62,255,080 won and a rate of 20% per annum from June 28, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is working in the Defendant Company Development Team from June 13, 2005.

On June 13, 2016, retirement was made around 2016.

B. The Plaintiff was paid KRW 5,000,000 monthly wages around his retirement.

C. Retirement pay during the period in which the Plaintiff worked for the Defendant Company is KRW 62,255,080.

Defendant Company paid KRW 22,446,743 to the Plaintiff from September 2016 to January 2017, the Plaintiff retired.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant Company was obligated to pay the amount equivalent to the amount of benefits that the Defendant Company received at the request of the Defendant Company after retirement, and until the end of February, 2017, to the company’s business. As such, the Defendant Company was obligated to pay the Plaintiff the unpaid retirement allowance of KRW 62,255,080 and the unpaid retirement allowance of KRW 22,153,257 (the amount obtained by deducting KRW 22,46,743 from the amount of wages paid by the Defendant Company during the nine-month period from June to February 2, 2016) and damages for delay.

3. Determination

A. As to the duty to pay benefits, the following circumstances, which are acknowledged by comprehensively taking into account the overall purport of arguments in each of the statements in Gap evidence Nos. 3 through 6 (including various numbers), namely, the plaintiff continued to perform the business instructed by the defendant company at the request of the defendant company from June to February 2, 2017, which was retired from the defendant company. The management team leader of the defendant company, C, which was the management team leader of the defendant company, sent to the plaintiff the e-mail that the plaintiff accepted the representative director as to the payment of benefits of the same level as the previous monthly salary from June 24, 2017 to February 2017, 2017. The above e-mail sent to the plaintiff with D as reference; C, by arranging the details of unpaid benefits to the plaintiff from the above e-mail; and C, by arranging the details of unpaid benefits to the plaintiff from February 22, 153, 257 won to June 27, 2016.

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