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(영문) 서울동부지방법원 2015.03.12 2014가단50174
임금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 33,520,729 and interest rate of KRW 20% per annum from August 15, 2014 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim (including the fact that there is no dispute), and the plaintiff was employed by the defendant company from November 5, 2012 to provide labor and retired on July 31, 2014, and the defendant company did not pay 3,520,729 won in total as wages and retirement allowances to the plaintiff. According to the above facts of recognition, the defendant company is obligated to pay to the plaintiff the above 33,520,729 won and damages for delay from August 15, 2014 to the date of full payment after 14 days from the date of retirement of the plaintiff.

2. As to the determination of the Defendant Company’s assertion, the Defendant Company asserted that the said amount should be settled or offset against the wage and retirement allowance, since the Plaintiff was in the amount of KRW 9.5 million, which was not settled after the temporary payment from the Defendant Company at the time when the Plaintiff was employed in the Defendant Company, and thus, the Plaintiff received KRW 4.5 million from the Defendant on November 29, 2013, and April 29, 2014 from the Defendant, although the fact that the fact that the Plaintiff was paid KRW 500,000 from the Defendant is recognized by the purport of the entire pleadings, it is insufficient to recognize the fact that the Defendant Company had a claim for the return of the provisional payment against the Plaintiff, and there is no other evidence to support this, and further, it is a principle that the employer would not offset the employee’s wage claim with the claim for the full payment of wages (see, e.g., Supreme Court Decision 88Meu26413, May 8, 190).

3. If so, the plaintiff's claim of this case is reasonable and acceptable.

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