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(영문) 창원지방법원마산지원 2014.12.31 2014가단13634
퇴직금
Text

1. The Defendant shall pay to the Plaintiff KRW 5,992,416 and the interest rate of KRW 20% per annum from October 29, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff entered into an employment contract with the Defendant and worked from June 1, 1997 to October 8, 2013, but was not paid KRW 29,477,520 as wages and retirement allowances.

B. Accordingly, on October 28, 2014, the Defendant deposited KRW 29,477,520 in order to pay the above wages and retirement allowances.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from October 23, 2013 to the date following the 14th day after the retirement of the Plaintiff. Since the Defendant deposited KRW 29,47,520 on October 28, 2014, the deposit is 5,992,416 [=29,47,520 x 20% x 20% x 371 days (i.e., from October 23, 2013 to October 28, 2014; ii) the Defendant is obligated to pay the Plaintiff damages for delay at the rate of 20% per annum from October 23, 2013 to the date following the 14th day after the retirement of the Plaintiff; and (iii) the Defendant is obligated to pay the principal and interest remaining at the rate of 203,454,294,294,295).

3. Conclusion, the plaintiff's claim is justified.

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