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(영문) 서울서부지방법원 2020.11.25 2019가단15246
임금 등
Text

1. The Defendant’s KRW 23,966,505 as well as 6% per annum from November 5, 2016 to November 25, 2020 as to the Plaintiff.

Reasons

1. On October 5, 1994, the Plaintiff joined the Defendant, a company mainly engaged in the environmental aestheticization of Seoul DDA, and retired on November 4, 2016.

On June 12, 2017, the Defendant paid KRW 37,960,870 to the Plaintiff as retirement allowance.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. Determination:

A. The Plaintiff’s assertion 1) During the Plaintiff’s tenure of office, the Defendant used the retirement allowance as of December 31, 2012, and as of December 31, 2014, and calculated the retirement allowance as of October 31, 2016, and calculated the retirement allowance as of October 31, 2016, without paying an overtime allowance, night allowance, annual allowance, and monthly allowance and bonus. Accordingly, the Defendant calculated the Plaintiff’s retirement allowance as of October 16, 201 on the basis of the average wage of 130 days, including the above overtime allowance, night allowance, annual allowance, monthly allowance, and bonus, and the average wage of 15 days, calculated as of November 4, 2016, based on the Plaintiff’s average wage of 16,977,850 won, and paid the Plaintiff the remainder of the retirement allowance as of October 16, 201, excluding the Plaintiff’s claim for compensation for delay.

(b) 1) Evidence B(2) to 5(2) of the occurrence of a claim for the payment of retirement allowances (which shall include the number; hereinafter the same shall apply);

In full view of the purport of the entire arguments, the defendant will conduct cleaning agency business under the independent bond accounting system between Seoul and D office.

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