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(영문) 의정부지방법원고양지원 2017.07.21 2016가단30381
퇴직금 등
Text

1. The defendant shall pay five million won and 15% per annum to the plaintiff from January 7, 2017 to the day of complete payment.

Reasons

1. The fact of recognition that the Plaintiff works at the Cental clinic operated by the Defendant from November 1, 2004,

As a matter of embezzlement, the fact that the Defendant was dismissed from the Defendant on November 24, 2016, and that the Defendant deposited for payment of the unpaid wages of KRW 466,660 on June 22, 2017 for the Plaintiff, retirement allowances of KRW 8,649,120 on behalf of the Plaintiff, and delayed payment damages of KRW 8,649,120 on behalf of the Plaintiff (so-called the U.S. District Court High Court Decision 2017Da2296) may be recognized to the effect that there is no dispute between the parties, or

2. Assertion and determination

A. According to the Defendant’s statement in Gap evidence No. 9 that the Defendant’s obligation to pay wages and retirement allowances, the Defendant’s retirement allowances to be paid to the Plaintiff may be recognized as KRW 13,649,120, and the wages from November 1, 2016 to November 23, 2016 as KRW 466,660.

B. The Defendant asserts that the Plaintiff paid KRW 5 million to the Plaintiff around February 28, 2014 due to the Plaintiff’s demand for interim settlement of retirement allowances.

However, although there is a large amount of five million won, this argument is not accepted because the evidence submitted by the defendant alone is insufficient to recognize the money as an intermediate settlement.

C. In conclusion, the Defendant shall pay the Plaintiff the remainder of five million won and the annual interest rate of 15% under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 7, 2017 to the date of full payment, since both retirement allowances and wages, other than five million won, which the Defendant asserts as interim settlement, are repaid by deposit.

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