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1. The Plaintiff:
A. The Defendants shall pay 21,97,735 won each of them and the interest rate thereon from October 15, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. Defendant C is a person who runs the main water manufacturing business with the place of business, “E” in the name of Defendant B from Kimpo-si, Kimpo-si, and the Plaintiff is a person who provided labor at the above place of business from June 2, 2012 to September 30, 2018.
B. On September 30, 2018, the Plaintiff did not receive retirement allowance of KRW 21,997,735 from the Defendants at the time of retirement from the said workplace. Accordingly, Defendant C received a summary order with the purport that “Defendant C shall be punished by a fine of KRW 3,000,000,000,” as the Busan District Court Branch Branch Decision 2018 High-Aid 20838.” The summary order became final and conclusive around that time.
C. On the other hand, around November 21, 2018, Defendant C sent a text message to the Plaintiff, stating that “this case’s text message was sent from employment insurance documents to our country,” and “I wish to live in the old seat of the instant money, honestly, to the end” (hereinafter “instant text message”).
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. According to the above facts, the Defendants are obligated to pay each of the Plaintiff retirement allowance of KRW 21,97,735 and the amount calculated at the rate of 20% per annum under the Labor Standards Act from October 15, 2018 to the date of full payment after 14 days from the Plaintiff’s retirement date to October 15, 2018. Accordingly, the Defendants asserted that they paid retirement allowances in advance to the Plaintiff.
Therefore, according to the statement of No. 1 and No. 1, it is recognized that the labor contract entered into between the Plaintiff and the Defendant B stating that “retirement allowances have been included in salary,” but such fact alone is insufficient to recognize the validity of the agreement to pay retirement allowances or that the Defendants paid retirement allowances in advance to the Plaintiff, and there is no other evidence to acknowledge otherwise.
B. Determination on the part of the claim for consolation money 1, Defendant C.