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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and
Reasons
1. Basic facts
A. On September 21, 2011, the Plaintiff joined the Defendant Company and retired from office until October 6, 2014. Around that time, the Plaintiff filed a petition with the Defendant on the ground that the Defendant, who was an employee, did not pay KRW 26,655,40 in total, including wages, annual unused allowances, and year-end refund, and KRW 10,645,640, and retirement allowances, within 14 days from the date of the Plaintiff’s retirement.
B. On January 9, 2015, the Defendant paid KRW 32,150,128 out of the total amount of the unpaid wages, etc. to the Plaintiff.
C. Meanwhile, while the Defendant was indicted for violating the Labor Standards Act, etc. and applied for formal trial, the court of first instance rendered a judgment of conviction on January 13, 2016 and sentenced a fine of KRW 700,000 to the Defendant.
(Seoul Central District Court 2015 High Court 2015 High Court 1686). The defendant appealed, but the appellate court dismissed the defendant's appeal on August 26, 2016 on the ground that the defendant failed to settle the unpaid wages in full and it is difficult to deem that the plaintiff used his/her tea in full.
The defendant's second appeal was dismissed on November 24, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion (i) the unpaid wages, etc. that the Defendant is obligated to settle to the Plaintiff are KRW 32,150,921, which remains after deducting the Defendant’s partial payment of KRW 32,150,128 from the annual annual salary of KRW 1,544,780 (the unpaid wages of KRW 21,40,741) and the annual salary of KRW 3,709,788 (the retirement allowances of KRW 10,645,640).
Luxembourg The Plaintiff and the Defendant confirmed that the amount to be settled by the Defendant on October 6, 2014 was KRW 32,150,128 (paid wage of KRW 20,935,348) and KRW 1,54,780 as retirement allowance of KRW 9,670,00). Since the Defendant paid the agreed amount thereafter, the Defendant fulfilled its duty of settlement.
The annual allowance claimed by the Plaintiff cannot be recognized, and the annual allowance claimed by the Plaintiff.