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(영문) 서울중앙지방법원 2019.06.18 2016가단5237656
임금
Text

1. The Defendant’s KRW 12,753,668 for the Plaintiff and KRW 6% per annum from November 15, 2014 to June 18, 2019.

Reasons

1. Basic facts

A. C. The C.C. (hereinafter “C.”) constituted a national association of D and E transportation business pursuant to the former Automobile Transport Business Act, and operated a mutual aid project with respect to E and D transport business entities nationwide in accordance with the former Land Transport Promotion Act.

On June 15, 1989, the defendant was a juristic person established independently by the E-transport Business Association from the Federation, and obtained permission from the Minister of Construction and Transportation on July 21, 1992.

B. On September 20, 1996, the Plaintiff joined a mutual aid association affiliated with the Defendant.

C. On April 7, 199, the Defendant-affiliated Financial Cooperative revised the regulations on salaries of employees of the Financial Cooperative with the content that the employee's retirement allowance payment rate is changed from the aggregate (one-month amount per year) to the fractional (one-month amount) at the Steering Committee comprised of the chief director of the Financial Cooperative and the chief of the City/Do branch office (attached Form 1) on April 7, 199, and implemented the same date, but the interim settlement following the adjustment of the retirement allowance payment rate was decided to implement only the applicant.

On November 1, 1999, the Defendant received an interim settlement of the retirement allowance from his employees following the abolition of the short-term retirement allowance system. The Plaintiff also filed an interim settlement of the retirement allowance, and received the retirement allowance of KRW 7,517,250 (hereinafter “the first retirement allowance”) from September 20, 1996 to April 6, 199.

E. On October 31, 2014, the Plaintiff retired from the Defendant, and the Defendant paid to the Plaintiff totaling KRW 87,648,965 (hereinafter “instant second retirement allowance”) from April 7, 199 to October 31, 2014.

F. Of the wage rules applied to the employees and employees of the Defendant’s Financial Cooperative in the Plaintiff’s service period, the part concerning various allowances is as stated in [Attachment 2] wage rules (amended by January 29, 2009) and [Attachment 3] wage rules (amended by March 24, 2014).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 9, Eul evidence Nos. 1 and 12 (including each number, if any) and the purport of the whole pleadings.

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