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(영문) 제주지방법원 2019.07.17 2018나12315
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

Plaintiff (Counterclaim Defendant) A, Inc., 7.7.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a management company of Friart located in Seopo-si in Seopo-si.

Plaintiff

B is the representative director of the Plaintiff Company, and the Plaintiff C and D are the employees of the Plaintiff Company.

B. On August 25, 2005, the Defendant concluded an employment contract with the Plaintiff Company and concluded the employment contract with the security guards as follows on September 26, 201.

The defendant retired on May 4, 2014.

The plaintiff company and the defendant agree to conclude a labor contract and to perform it in good faith as follows:

1.The above-mentioned person (Defendant) shall make a two-year employment contract of 11.5 million won, including annual salary (retirement allowances of 9.60,000 won).

9. In principle, if the above contract expires, the re-contract shall be concluded smoothly and shall be automatically extended at the time of absence of mutual objection.

C. The Plaintiff Company paid the Defendant a retirement allowance of KRW 2 million on June 30, 2014, KRW 1840,000,000 on August 28, 2014, and KRW 6,010,970 on January 12, 2016.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. Judgment on the plaintiff company's main claim

A. The gist of the assertion is that the Plaintiff Company paid the Defendant a retirement allowance of KRW 3.84 million (i.e., six years (from 2005 to 201) (i.e., six years) by dividing the amount of KRW 6.4 million on June 30, 2014 and KRW 1.84 million on August 26, 2014; and (ii) paid retirement allowances by dividing the amount of KRW 9.6 million on an annual salary from 2011.

However, on January 12, 2016, the Defendant filed a civil petition against the Plaintiff Company with the Labor Administration on the ground that the Defendant did not receive retirement allowances, and the Plaintiff Company additionally paid KRW 6,010,970 to the Defendant.

Therefore, from September 26, 201 to May 4, 2014, the amount equivalent to retirement allowances paid by the Plaintiff Company in installments to the Defendant, including annual salary, from September 26, 201 to May 4, 2014 (=90,000 + (222/365) was paid without any legal cause. Thus, the Defendant is the Plaintiff.

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