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1. The Defendant shall pay to the Plaintiff KRW 43,493,677 as well as 20% per annum from May 29, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. From June 14, 2013 to December 31, 2013, the Plaintiff retired from office while serving in a hospital operated by the Defendant. At the time of retirement, the Plaintiff was not paid KRW 59,032,258 in total of the wages from July 1, 2013 to December 31, 2013.
B. On July 29, 2014, the Plaintiff received dividends of KRW 15,538,581 in the auction procedure for the Defendant’s property.
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination:
A. According to the above facts, the defendant is obligated to pay to the plaintiff 43,493,677 won in total (=59,032,258 won - 15,538,581 won in total) and damages for delay calculated at the rate of 20% per annum from the day after the copy of the complaint of this case is served to the day of full payment, which is the day after the payment date of unpaid wages.
B. The Defendant asserts that, on August 9, 2013, the Plaintiff paid KRW 6 million to the Plaintiff, as well as dividends claimed by the Plaintiff by deducting the Plaintiff’s own, this should also be deducted.
The facts that the Defendant paid KRW 6 million to the Plaintiff on August 9, 2013 do not conflict between the parties, but in light of the fact that the Plaintiff was not paid KRW 59,032,258 in total as of the time of retirement from July 1, 2013 to December 31, 2013, the above KRW 6 million cannot be deemed to have been paid as the cause of the Plaintiff’s payment of unpaid wages, and thus, the Defendant’s assertion is without merit.
3. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.