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1. The Defendant’s KRW 16,595,957 with respect to the Plaintiff and KRW 5% per annum from January 12, 2016 to August 24, 2016.
Reasons
1. Facts of recognition;
A. The defendant is a juristic person engaged in the manufacturing business of general painting and related products.
B. The Plaintiff is working for the Defendant Company from October 31, 2013 to December 31, 2014.
The retirement was withdrawn.
C. On July 16, 2015, the Plaintiff was issued by the head of the Gyeonggi-do branch office of the Korea Employment and Labor Agency. The Plaintiff stated that the Plaintiff was not paid a total of KRW 16,595,957 (i.e., the total amount of unpaid wages of KRW 12,579,637, the total amount of unpaid wages of KRW 12,579,637 in March, 2014).
On June 25, 2015, C, the real representative of the Defendant Company, was indicted for violating the Labor Standards Act due to the fact that the Plaintiff did not pay the above wages, etc., and was notified of a fine of two million won.
2. According to the facts of recognition of the above determination as to the claim for overdue wages and retirement allowances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 15% per annum under the Civil Act from January 12, 2016 to August 24, 2016, which is the date following the delivery date of a copy of the complaint in this case, as sought by the Plaintiff, as to the existence or scope of the Defendant’s obligation, unless there are special circumstances, and 5% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
As to this, the Defendant agreed not to pay retirement allowances, and the amount of unpaid benefits to the Plaintiff out of the amount claimed by the Plaintiff is KRW 28,891,080 between December 2, 2013 and June 2015, the Defendant asserts that the unpaid amount is only KRW 7,88,540.
However, there is no evidence to acknowledge that there was an agreement between the Plaintiff and the Defendant to not pay retirement allowances, and according to the statements in the evidence Nos. 1-1 through 3 and 3, the Defendant is alleged to the Plaintiff.