(영문) 울산지방법원 2016.11.02 2015가단54836

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(영문) 울산지방법원 2016.11.02 2015가단54836

퇴직금지급청구

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1. The plaintiff (Counterclaim defendant)'s claim of this case is dismissed.

2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;

Reasons

1. Parties’ assertion and key issues

A. The Plaintiff’s assertion 1) The Plaintiff was paid the monthly wage of KRW 15,00,000 from the Defendant to KRW 18,000,000,000 from the Defendant, which is the income after tax deduction (hereinafter “after-tax income”).

Based on the above criteria. The provisional payment that the Defendant paid each month is part of the above wage as well as the allowances other than item. Even according to the statement in the written confirmation (Evidence No. 10) issued by the Defendant to the Plaintiff, the amount of KRW 7,700,000 is the same as the Defendant paid in cash to the Plaintiff by July 2014, which is included in calculating the amount of wage, and even if it is included in the calculation of the amount of wage, it can be deemed that the Plaintiff and the Defendant agreed to pay the tax amount as the tax amount. 2) The Defendant paid the monthly provisional payment at the Plaintiff’s request, but it is not consistent with this rule that the Defendant already paid the monthly provisional payment prior to the occurrence of the retirement allowance before around 208, which applied for interim settlement of payment of the retirement allowance, but the amount also falls short of the amount of KRW 13,787,00 through KRW 180,000 among the Defendant and the Defendant did not pay the amount at least KRW 13,007,00.20.

3) There was no agreement between the Defendant on interim settlement of retirement allowances, and the agreement on interim settlement of retirement allowances, in principle, is null and void. However, the Plaintiff’s interim settlement of retirement allowances is not indicated on the date of application, and it is difficult to view that the Plaintiff’s interim settlement of retirement allowances is applied for interim settlement of retirement allowances based on free will due to the absence of indicating the amount of retirement allowances, monthly wages, etc. Accordingly, the above agreement is null and void. Accordingly, the Defendant, based on the amount of wages paid to the Plaintiff for three months prior to his retirement, based on the amount of wages KRW 72,024,00 paid to the Plaintiff for three months prior

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