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(영문) 서울서부지방법원 2018.10.05 2018가단224982
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,341,919 and interest rate of KRW 20% per annum from January 5, 2018 to the day of complete payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.

3. The Plaintiff partially dismissed his/her claim for the payment of accrued wages and retirement allowances from January 4, 2018 to the late payment damages.

The damages for delay on wages and retirement allowances under the Labor Standards Act shall be calculated from the date following the 14th day from the date of retirement.

(See Article 37(1) of the Labor Standards Act. However, according to the data submitted by the Plaintiff, the period of service of the Plaintiff is from October 19, 2015 to December 20, 2017. Thus, the Plaintiff’s retirement date is December 21, 2017.

Therefore, the Plaintiff’s retirement date is recognized only as damages for delay from January 5, 2018 on the day following the expiration of 14 days from December 21, 2017, and the remainder of damages for delay is dismissed.

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