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(영문) 부산지방법원 2016.06.03 2015나17316
임금
Text

1. The decision of the court of first instance that ruled against the defendant in excess of the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. On July 4, 201, the Plaintiff asserted that: (a) concluded an employment contract with the Defendant setting monthly salary of KRW 4.5 million with the Defendant to work at the Defendant’s factory C; and (b) retired on April 1, 2014.

However, the Defendant did not pay the Plaintiff totaling KRW 7.2 million from December 18, 2012 to April 17, 2014.

In addition, on December 1, 2011, after a factory was relocated to the original source, the Plaintiff used only 30 days out of the 30-day annual rent owned by the Plaintiff, and the Defendant did not pay 4050,000 won to the Plaintiff, corresponding to the 27-day annual allowance.

In addition, the retirement allowance reflecting the Plaintiff’s monthly salary, bonus, and annual allowance is KRW 15,786,318.

Therefore, the Plaintiff seeks payment of KRW 20 million out of the amount calculated by deducting KRW 7 million received from the Defendant from the Defendant in the aggregate of the aforementioned unpaid benefits, unpaid annual allowances, and unpaid retirement allowances.

2. Determination

A. According to Gap evidence Nos. 2 and 3 and the purport of the whole pleadings, the plaintiff filed a petition on the ground that the plaintiff did not receive wages against the defendant with the Changwon Office of Busan Regional Employment and Labor. At the time of the investigation conducted by the above Labor Agency, it was investigated that the unpaid annual allowance was 3.45,53,424, and the unpaid retirement allowance was 12,353,424. The defendant was charged with a summary order of KRW 3,450,000,000,000,000,0000,000 won for annual salary as the investigation conducted by the Changwon District Court No. 2015,4723, and the defendant was charged with a criminal charge that the plaintiff did not pay within 14 days from the retirement date of each plaintiff, and the summary order was confirmed at that time.

B. According to the evidence evidence Nos. 1 and 2, the Defendant’s payment of the unpaid benefits amounting to KRW 4.5 million at the time of entering into a labor contract with the Plaintiff. The Defendant paid most of the unpaid benefits amounting to KRW 4.5 million to the Plaintiff from September 15, 201 to November 23, 2012, but the Defendant paid most of the unpaid benefits amounting to KRW 4.5 million to the Plaintiff. However, from December 18, 2012.

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