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1. The Defendant shall pay to the Plaintiff KRW 104,450,123 as well as 20% per annum from May 15, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On January 1, 2010, the Plaintiff concluded a labor contract with the Defendant by setting the monthly salary of KRW 3,000,000, and bonus of KRW 200 per annum, and retired from office as an employee of the Defendant until April 30, 2016.
B. The total amount of monthly pay that the Plaintiff is required to receive is KRW 198,575,50 (the total amount of unpaid pay which is 204,90,79,796 won multiplied by the retirement allowance of KRW 6,334,246). The total amount of monthly pay that the Plaintiff received from the Defendant until November 2016 is KRW 154,267,892 (the total amount of 114,267,892 won and the amount of 40,000,000 won paid by the Plaintiff around November 2016). The total amount of monthly pay that the Plaintiff has not received is KRW 44,307,658 won (=198,575,50 won -154,267,892 won).
C. Bonuses to be paid by the Plaintiff shall be the amount of 6,000,000 won per year (the amount equivalent to 200% per month). D.
Retirement pay that the plaintiff has to receive is 22,169,863 won.
[Amount of KRW 3,00,000 per month and annual bonus of KRW 6,00,000 per year as ordinary wages, calculated by applying the amount equivalent to the average wage for 30 days per year for the period of continuous work as ordinary wages, (amount of KRW 9,00,000, KRW 6,000,000 x 3/12) x 90 days x 3/12 x 30 days x 30 days x 365 days x 365 days x 365 days]
2. Determination
A. According to the above facts, the Defendant appears to have added up the bonus of KRW 44,307,658, the unpaid bonus of KRW 37,972,602, and the unpaid bonus of KRW 37,972,602 (the bonus of KRW 6,00,000 each year from 2010 to 2015 and the bonus of KRW 2016 shall be calculated on a monthly or daily basis, but the amount claimed by the Plaintiff shall be the same as the Plaintiff), the unpaid retirement allowance of KRW 22,169,863 (the amount claimed by the Plaintiff) and the unpaid retirement allowance of KRW 104,450,123 (= KRW 44,307,658 KRW 37,972,602 KRW 22,169,863) and interest at the rate of 20% per annum from May 15, 2016 to the date of full payment at the Plaintiff’s request.