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1. The Defendant’s KRW 17,217,156 for the Plaintiff and 5% per annum from November 15, 2018 to July 24, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff worked for the Defendant Company from October 16, 2010 to October 17, 2018.
B. On November 4, 2015, the Defendant drafted a written confirmation that “The Defendant would immediately pay KRW 57,045,077 as of November 3, 2015 to CHousing Redevelopment and Improvement Project Association the amount of the service cost (presumed December 31, 2015)” (hereinafter “instant written confirmation”) to the Plaintiff.
The Defendant paid the Plaintiff KRW 43,480,710, totaling KRW 42,563,910 on December 17, 2015 and KRW 43,480,710 on January 4, 2016.
C. The Plaintiff received KRW 915,630 to KRW 916,670 as monthly salary after deducting withholding income tax from the Defendant Company from the time of retirement after the completion of the instant confirmation document. The Plaintiff did not receive KRW 6,161,950 as total of the monthly salary and December, June 1, 2015, June 2018 to September 9, 2018, and February 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 29 to 34, the purport of the whole pleadings
2. As to the claim for unpaid benefits
A. The Plaintiff’s assertion 1) The Plaintiff did not pay KRW 11,055,206, which is the amount under the instant confirmation document, after deducting the withholding labor income tax, and the Defendant did not pay KRW 6,361,95,00,000, which is the sum of KRW 6,161,950,000, which is the amount calculated by deducting the withholding labor income tax from October 17, 2018 from November 6, 2015 to October 17, 2015, and KRW 6,361,950,000,000,000 for the food of December 17, 2015. Accordingly, the Defendant is obligated to pay the Plaintiff 17,417,156 (= 11,05,205,206,361,950) and damages for delay to the Plaintiff. 2) The Defendant did not know that the Defendant’s representative director would make the instant confirmation document to the Plaintiff.
The Defendant’s calculation of KRW 42,563,910 that was paid to the Plaintiff on January 4, 2016 would rather exceed the Plaintiff’s normal wage, and the Defendant did not pay KRW 4,121,493 to the Plaintiff from 2016 to 2017.