beta
Text
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 45,600,000 and its KRW 35,404,816 among them, the Defendant (Counterclaim Defendant) shall have the effect on January 17, 2015.
Reasons
1. Basic facts
A. On March 19, 2012, the Plaintiff joined the Defendant Company and retired on July 31, 2014.
B. During the above tenure of office, the Plaintiff was commuting to and from the workplace with the Defendant Company’s coal and source construction site using the vehicle, and served as the chief of the public service division.
[Ground of recognition] Unsatisfy, Gap evidence 1-1, the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. The plaintiff's assertion that the defendant did not pay 39,804,816 won of wages and retirement allowances to the plaintiff. The defendant promised to preserve all site expenses, including the plaintiff's vehicle maintenance expenses, food expenses, load spats, oil spats, etc., and since the total amount of 20,931,980 won is required as site expenses, the above total amount of 60,736,796 won and 20% damages for delay shall be paid a year from the day after the delivery of the copy of the complaint of this case to the day of complete payment.
B. Determination 1) The fact that the Defendant filed a claim for payment of overdue wages did not dispute the Defendant’s payment of KRW 39,804,816 out of the Plaintiff’s wages and retirement allowances up to the time of the instant lawsuit for which 14 days passed from the date of retirement. As such, the Defendant is obligated to pay the said money and its payment of delay damages calculated at the rate of 20% per annum from the day after the date of delivery of the copy of the instant complaint as sought by the Plaintiff, to the day after 14 days from the date when the cause for payment occurred (the retirement date) in accordance with the Labor Standards Act. 2) In full view of the Plaintiff’s statements and arguments in subparagraphs 1-2, 3, 2-1, 3-2, 3-2, and 3-2, and the purport of the whole pleadings, the Plaintiff’s payment of site expenses, including the Plaintiff’s work site, to the construction site located in Sungnam-gu, Sungsung-si and the construction site located in Sungsung-si.