(영문) 서울남부지방법원 2015.01.20 2013가단50071

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(영문) 서울남부지방법원 2015.01.20 2013가단50071

임금

Text

1. The defendant shall pay 41,35,600 won to the plaintiff and 20% per annum from February 21, 2013 to the day of complete payment.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; or (b) the written evidence Nos. 1 and 2, the purport of the entire pleadings.

The Plaintiff was employed by B from April 1, 1994 to February 6, 2013, and retired from office. At the time of retirement, the unpaid money and valuables are KRW 41,335,600 in total.

B. On October 1, 2013, after the filing of the instant lawsuit, B died on or around October 1, 2013. The deceased’s spouse (D) and his lineal descendants (the first degree E, F, and II) reported the renunciation of inheritance. The deceased’s lineal ascendants died before the deceased’s death, and the deceased’s lineal ascendants and sisters (I, J, and K) reported the renunciation of inheritance.

C. As the co-inheritors of the above network H, there are L, M, and N, the spouse of the Defendant and lineal descendants, and the remaining co-inheritors except the Defendant reported the renunciation of inheritance.

2. According to the reasoning of the judgment on the cause of the claim, according to the following facts, the Defendant, who is the spouse of the deceased who died before the inheritance commences due to the death of the deceased, who was the deceased, was the sole heir of the deceased pursuant to Articles 1003(2) and 1001 of the Civil Act, the Defendant is obligated to pay to the Plaintiff 41,335,600 won, which is the obligation inherited from the deceased, and damages for delay calculated at the rate of 20% per annum under the Labor Standards Act from February 21, 2013 to the date of full payment from the date of the Plaintiff’s retirement.

3. The defendant asserts that the above amount should be deducted from the wage claim since the defendant, around May 10, 1996, opened a private annuity savings under the plaintiff's name and paid the amount of such savings by paying it. The plaintiff terminated the above savings around November 15, 201 and received the amount equivalent to KRW 29,897,630.

Domins, Gap evidence Nos. 2 to 4.

참조조문

-근로기준법

-민법 제1001조

-민법 제1003조 제2항

유사 판례

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