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(영문) 서울중앙지방법원 2018.09.14 2017가단5184896
퇴직금 청구의 소
Text

1. The defendant,

A. Plaintiff A’s KRW 9,512,212 as well as 5% per annum from August 1, 2017 to September 14, 2018.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff A provided the Defendant with labor from November 1, 2005 to October 31, 2016, and the retirement allowances for the continuous service period are KRW 26,922,031.

(2) The Defendant paid Plaintiff A a retirement allowance of KRW 3,00,000 on November 30, 2016, KRW 3,000,000 on December 28, 2016, KRW 3,000,000 on January 31, 2017, KRW 2,500,000 on February 28, 2017, KRW 28,500 on April 28, 2017, and KRW 500,00 on May 31, 2017, KRW 18,000 on a total of KRW 18,00,000 on July 31, 2017.

B. (1) The Plaintiff B provided labor to the Defendant from May 2, 2001 to July 31, 2016, and the retirement allowances for the continuous service period are KRW 44,785,546.

(2) The Defendant paid Plaintiff B a retirement allowance of KRW 2,50,000 on August 31, 2016, KRW 2,500,00 on September 30, 2016, KRW 2,500,000 on September 30, 2016, KRW 6,000 on December 3, 2016, KRW 3,000,000 on December 28, 2016, KRW 2,50,000 on January 31, 2017, KRW 50,000 on February 28, 2017, KRW 2,50,000 on April 28, 2017, KRW 20,50,00 on May 30, 200, KRW 00 on May 30, 200, KRW 7,007; and

C. (1) The Plaintiff C provided labor to the Defendant from July 1, 200 to August 31, 2009, and from October 1, 2010 to April 30, 2017, the amount of 6,000,000 won out of the retirement allowances for the primary continuous service period was not paid, and the amount of retirement allowances calculated including the amount of 1,00,000 won for the secondary continuous service period is 24,976,045 won, and the retirement allowances excluding this amount is 23,86,187 won.

(2) On May 31, 2017, the Defendant paid the Plaintiff C a total of KRW 7,000,000,000 as retirement pay, and KRW 2,000,00 on July 31, 2017, and KRW 7,00,00,000 on September 6, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 3, 7, 8, 10, and 11, the purport of the whole pleadings

2. Judgment on the defendant's assertion

A. As to Plaintiff A and B, the Defendant claimed that the period should be excluded from the continuous service period in the calculation of retirement allowances, since the retirement allowances paid from April 2006 to April 2008 by the Plaintiff A and B by dividing the retirement allowances into the monthly wage under an interim adjustment agreement or a division agreement.

each entry of evidence 1 and 2 of this title.

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