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(영문) 서울중앙지방법원 2017.11.21 2016가단5271083
임금 등
Text

1. The defendant shall pay to the plaintiff KRW 37,270,318 and KRW 20,000 among them, from November 29, 2016 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition [the grounds for recognition: the fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4, the purport of the whole pleadings, and the purport of the whole pleadings] (1) The defendant borrowed KRW 20 million from the plaintiff on May 21, 2008.

(2) The Defendant asserted that the Plaintiff during the Plaintiff’s tenure of office was KRW 2,736,270 for December 201, KRW 3,281,460 for July 201, KRW 3,281,460 for December 3, 2012, KRW 3,220,320 for February 3, 2013, KRW 3,267,450 for September 3, 2013, KRW 15,786,960 for the Plaintiff’s total amount of unpaid wages at the Plaintiff’s complaint was KRW 15,786,960 for December 1, 201, KRW 2,736,270 for December 3, 201, KRW 20 for the Plaintiff’s purpose of reimbursement and KRW 136,360 for December 3, 201, KRW 20 for the Plaintiff’s benefit and KRW 136,2136,2014.

The sum of KRW 4,805,430, total of KRW 879,860 for year 201, KRW 1,399,460 for year 2011, and KRW 2,526,110 for year 2012 was not paid.

(3) On November 11, 2013, the Defendant submitted a written resignation to the Defendant, and the Defendant issued a resignation notice against the Plaintiff as of November 25, 2013.

(4) On November 17, 2016, the Defendant paid 21,220,542 won remaining after deducting retirement income tax and resident tax from retirement allowances to be paid to the Plaintiff.

B. According to the above facts of recognition, the defendant, barring special circumstances, calculated with 15% per annum from November 29, 2016 to the day of full payment, which is the day following the day when the plaintiff claims the performance with the delivery of a copy of the complaint of this case, as to the plaintiff, and the damages for delay calculated with 15% per annum from November 29, 2016 to the day of full payment, and 20,592,390 won in total of unpaid wages and the refund for year-end settlement.

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