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(영문) 서울중앙지방법원 2016.06.23 2015가합538606
퇴직금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Due to the principal claim.

Reasons

1. Basic facts

A. The Defendant, a company established on October 6, 1980, entered into a domestic sales agency contract with a Japanese company (hereinafter “C company”) and imported cranes, parts, etc. from C company and sold them to domestic customers who ordered the import, or maintained cream sold as above.

On the other hand, the purpose business registered by the defendant as of the closing date of the argument in this case is the issuance of a letter of commitment for sale of goods, the sale and sale of general goods, the sale and consignment sales business, the manufacture and sale of parts of communications electronic materials, the installation and sale business of telecommunications electronic equipment, the trade business (construction equipment, transportation equipment, and industrial equipment), the heavy equipment and vehicle maintenance business, the real estate leasing business, the automobile import business, and any business incidental to the above purpose business.

B. The Plaintiff joined the Defendant Company at the same time as the establishment of the Defendant Company, but retired on October 20, 1987 after receiving retirement allowances, and thereafter retired on April 30, 2015.

At the time of resignation, the class of the plaintiff in the defendant company was the vice-chairperson and the higher class than the plaintiff in the defendant company was the chairperson.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 27 and 33, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the Plaintiff’s assertion’s retirement allowance rules for officers, the Defendant is obligated to pay the Plaintiff a retirement allowance equivalent to twice the statutory retirement allowance.

On June 23, 2015, the Defendant paid only KRW 316,579,250, which is the amount equivalent to the statutory retirement allowances as retirement allowances, to the Plaintiff.

Therefore, the defendant is obligated to pay the remaining retirement allowance of 316,579,250 won to the plaintiff.

B. The Plaintiff assumes that the Defendant is liable to pay the Plaintiff an amount equivalent to twice the amount of statutory retirement allowance (which appears to mean the minimum standard of retirement allowance stipulated in the Guarantee of Workers’ Retirement Benefits Act) as retirement allowance.

(b).

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