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(영문) 창원지방법원 2015.02.03 2014나7685
퇴직금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) The Defendant is a limited company that runs the automobile transport business, etc., and the Plaintiff was employed by the Defendant on April 1, 2009 as C and went back on November 30, 201, and the Selection B served as a taxi engineer from December 2, 2008 to May 12, 201. 2) The Defendant did not pay to the Plaintiff KRW 5,061,040 in total, including annual allowances of KRW 1,849,890 and retirement allowances of KRW 3,211,150.

3) Meanwhile, the Defendant did not pay to the Selection B a total of KRW 794,537 won, including annual allowances, bonuses, and labor encouragement allowances, as listed below. The Defendant did not pay a total of KRW 1 annual allowances on December 2, 2009, total of KRW 50,400, KRW 200,000 on the date and time of non-payment in title, and KRW 200,400 on December 29, 2010, and KRW 60,000 on December 2, 2011, the difference between KRW 260,000 on February 3, 2011, KRW 57,967, KRW 57,137, KRW 57, KRW 57, KRW 207, KRW 83, KRW 203, KRW 287, KRW 37,207, KRW 375,747,75,705, etc., respectively.

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the total amount of KRW 5,012,350, including the retirement allowances, etc. that the Plaintiff seeks, and the amount of KRW 794,537, including the annual annual allowances, etc. that was paid to the Selection B from December 15, 2011 to the date following the expiration of 14 days from the date of the Plaintiff’s provision of the final labor, and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from May 27, 2011 to the date of full payment.

2. Judgment on the defendant's assertion

A. The Defendant paid all retirement allowances to the Plaintiff on January 16, 2012, and paid monthly salary including annual salary, so the Defendant alleged that there was no annual salary that was paid to the Plaintiff, but the Defendant’s assertion is without merit, as there is no evidence to acknowledge this.

B. The defendant was concluded between the Appointor B and the defendant.

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