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1. The defendant shall pay to the plaintiff KRW 200,391,713 and KRW 169,046,265 among them, from May 10, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is the Defendant’s retired worker who runs the construction technology service business.
B. On June 3, 2016, the Plaintiff, such as unpaid money and valuables, filed a report with the Seoul Regional Employment and Labor Agency on the Defendant’s delayed payment of wages from around 2013. During the relevant investigation process, the Defendant confirmed that the Defendant’s payment of wages from June 2013 to April 25, 2016, together with the labor inspector KRW 74,893,980, retirement allowances, KRW 71,769,892, and KRW 13,230,830, annual allowances, and KRW 9,151,563, and the total amount of wages in arrears should be paid at KRW 169,046,265.
C. 1) On October 2, 2006, the Defendant paid a loan to the Plaintiff on October 2, 2006, No. 517 (hereinafter “instant officetel”) for the purpose of bonus, Seoyang-gu, Seoyang-gu and one parcel of land (hereinafter “instant officetel”).
(2) While transferring the ownership of the instant officetel, the Plaintiff paid a sum of KRW 18,364,357 out of the principal and interest of the instant officetel as collateral to a national bank on behalf of the Defendant, from September 29, 2006 to January 11, 201, (i) KRW 18,364,357 (i.e., interest of KRW 12,000,000) (i.e., principal and interest of KRW 6,364,357), and thereafter, paid a sum of KRW 12,981,091 (i.e., principal and interest of KRW 11,130,000) until October 29, 2013). 【The Plaintiff did not dispute over the grounds for recognition, (ii) the entry in the evidence of subparagraphs 1 through 3, and the purport of the entire pleadings, as a whole.
2. Determination
A. According to the above facts finding as to the claim for benefits, etc., the Defendant is obligated to pay to the Plaintiff 169,046,265 won in total, including unpaid benefits, retirement allowances, annual allowances, etc., and delay damages calculated at the rate of 20% per annum from May 10, 2016 to the date of full payment, which is the 14th day following the date of retirement.
The defendant asserts that there is no obligation to pay annual allowances because the plaintiff used all annual leave during his/her service.