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(영문) 서울남부지방법원 2016.01.29 2014가단48662
임금
Text

1. The Defendant: (a) KRW 14,904,411 to Plaintiff A; and (b) KRW 9,936,274 to Plaintiff B; and (c) from February 18, 2013 to each of the said money.

Reasons

1. Basic facts

A. C entered the Defendant Company on April 20, 201 and serving as the Quality Inspection Management Department D on February 3, 2011, and died of the bruptic heart disease caused by the heart beer and beer.

B. The content of the employment contract that was concluded on April 20, 201 between C and the Defendant and applied by April 19, 2012 (hereinafter “instant employment contract”) is as follows.

1. Work hours per day: Occupational categories and positions 08: D wages 3 in office: Items of annual salary of 32,500,000 won in total: 30,000,000 won in monthly salary of 2,500,000 won in monthly salary of 2,500,000 won in base salary of 2,500 won: 1,418,970 won in base salary of 472,90 won in salary of 472,90 won: 200,000 won in salary of 20,000 won in overtime, night and holiday work, etc.: 408,130 won in overtime allowance of 20,000 won in total;

C. The content of the employment contract concluded on April 20, 2012 between C and the Defendant (hereinafter “instant second employment contract”) is as follows: (a) the content of the instant employment contract, including the instant first and second employment contracts, is as follows.

1. Work hours per day: Class D wages of KRW 3 in office: Total annual salary amounting to 35,100,000: Items constituting monthly salary amounting to 32,400,700,000 for monthly salary amounting to 2,700,000: Basic salary amounting to 2,700,000 for annual salary amounting to 1,532,930 for production promotion allowances amounting to 510,100: 250,000 for daily salary amounting to 5,100,000 for overtime allowance of KRW 250,000 for overtime, night work, holiday work, etc.

D. The plaintiff A is the wife of C, and the plaintiff B is the children of C.

[Reasons for Recognition: Facts without dispute, entry in Gap evidence 1 to Gap 3 (Evidence with Serial Numbers include Serial Numbers), the purport of the whole pleadings]

2. Assertion and determination

A. 1) Determination as to the claim for benefits is without merit. A) The agreement on the installment payment of retirement allowances that is not based on the plaintiffs' claim for interim settlement of retirement allowances, and the agreement setting a certain amount of overtime allowances as overtime allowances regardless of C's actual overtime hours.

On the other hand, according to the employment contract between C and the defendant, retirement pay.

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