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(영문) 전주지방법원 2017.02.07 2015가단16783
퇴직금
Text

1. The defendant is calculated by the ratio of 25,285,630 won to 20% per annum from April 15, 2014 to the day of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion began on March 17, 1997 from the Defendant’s “D” operated by the Defendant in the Jeonbuk-gun, Jeonbuk-gun, as an employee, and went back on April 1, 2014. The Defendant’s retirement pay to the Plaintiff from January 1, 2014 to January 1, 2014.

1. From February 1, 2014, the Defendant’s total amount of wages of KRW 1,69,580 until February 1, 2014

2. Total amount of wages of 1,331,600 won, from March 1, 2014

3. The insured is obligated to pay the total amount of wages of KRW 1,417,370 up to 31.6,224, average wage of KRW 49,428 on January 1, 224.

B. The defendant asserted that the defendant paid 64,400 won to the plaintiff from November 1, 1995 to July 2006 when the plaintiff worked as an employee at the defendant's workplace. The defendant paid 20,000 won of monthly installment savings for the plaintiff from November 1, 1995 to August 1999. From September 1, 1999 to July 2006, the plaintiff paid 64,40 won in addition to the monthly salary as of the end of each month.

In addition, the plaintiff, as mentioned above, worked as an employee at the defendant's workplace from August 2006 to receive the payment according to the amount of work and supplied by the plaintiff without any basic pay as a contractor, such as Vietnamnet, which is supplied by the plaintiff without any basic pay. The plaintiff has been supplied to the defendant around March 2014, and there is no room for a retirement allowance claim as it does not work as an employee of the defendant during the above period.

2. Determination

A. First of all, from November 1, 1995 to August 1999, the Defendant subscribed to approximately KRW 24,40,00 per month for the Plaintiff, and additionally paid KRW 64,40 in addition to the monthly pay from September 1, 1999 to July 2006, and as to whether the Defendant paid the Plaintiff’s retirement pay in advance, the written statements in subparagraphs 1 through 5 alone are as alleged by the Defendant.

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