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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On January 1, 2010, the Plaintiff paid KRW 3,000,00 per month to the Defendant and paid KRW 3,00,000 per month, and calculated the monthly salary and paid KRW 10 per month following the following month, and the bonus shall be 200% per annum, and the retirement allowance shall be paid a retirement allowance under the Labor Standards Act at the time of retirement after the Plaintiff’s continuous service for more than one year, and was discharged from his/her service as an employee by April 30, 201
B. According to the Plaintiff’s certificate of unpaid benefits (Evidence No. 3) written on April 30, 2016, the date of retirement under the Defendant’s name, the unpaid benefits for the Plaintiff are KRW 204,909,796 in total, KRW 99,267,892 in total, the sum of the amount the Plaintiff received, and KRW 105,641,904 in total.
C. The Defendant paid KRW 5,00,000,000 on May 31, 2016, and KRW 10,000 on June 3, 2016 to the Plaintiff as repayment for unpaid benefits.
According to the certificate of unpaid benefits (No. 4; hereinafter “instant certificate”) written on September 19, 2016 under the Defendant’s name, the unpaid benefits amount is KRW 204,909,796 in total, and the sum of the amounts that the Plaintiff received, as above, KRW 114,267,892 in which the unpaid benefits that were partially repaid were reflected ( KRW 15,00,000 in total), and the unpaid benefits amount is KRW 90,641,904 in total.
E. On November 2016, the Defendant paid KRW 40,000,000 to the Plaintiff as repayment for unpaid benefits.
F. On July 3, 2018, the head of the Jinju District Office issued a written confirmation of the business owner with delayed payment of wages, etc., stating that the Plaintiff’s wages did not receive from the Defendant, retirement allowances were KRW 44,307,658, and retirement allowances were KRW 22,169,863, and bonuses were KRW 37,972,602. On July 30, 2018, the prosecutor of the Jinju District Prosecutors’ Office issued a summary indictment on the grounds that the Defendant representative director C did not pay the said wages, etc. to the Plaintiff, thereby violating the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits.
(C) No. 1, 2, 3, 9 through 11, and No. 3 and 4, respectively. (3) of the Seoul District Public Prosecutor's Office, 2018 type No. 5498 / [Grounds for recognition] A, and No. 3 and No. 4.