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(영문) 서울동부지방법원 2015.05.15 2014가단29781
임금등
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 41,166,72 and the amount of such KRW 41,72 with full payment from December 16, 2013.

Reasons

In full view of the overall purport of the statements and arguments stated in Gap 1, 2-1-2-14, 3, 4-1-4, 4-6, 5-1-5-6, 6-1-6, 6-6, and 7 as to the grounds for the claim of this lawsuit, the plaintiff worked for the defendant company from April 8, 2002 to November 30, 2013, and was not paid KRW 2,833,334, 2,833, 334, 2, 2013, 2,833, 334, 2, 334, 2, 2013, 2,833, 334, 32, 366, and 720 won.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 41,166,722, including the above wages and retirement allowances, and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from December 16, 2013 to the date of full payment, 14 days from the date of retirement.

The defendant's assertion 1) The defendant's assertion that since the plaintiff retired on December 31, 2013, the base date for delay should be calculated from January 15, 2014, the 14th day thereafter. However, unless there is a dispute between the parties, the fact that the plaintiff worked until November 30, 2013 shall not be deemed to have retired on December 31, 2013, the above argument cannot be accepted. 2) The defendant is again liable to pay only the remaining amount after deducting taxes and public charges withheld from the benefits and retirement allowances asserted by the plaintiff. However, according to the legal principles presented by Supreme Court Decision 2013Da36347 Decided October 27, 2014, the tax withholding agent's obligation to pay the income tax on the income tax to be withheld under Article 21 (2) 1 of the Framework Act on National Taxes cannot be deemed to have been established prior to the due date for payment.

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