logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.10.14 2014가단49774
임금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 27,012,110 as well as 20% per annum from September 16, 2012 to the day of full payment.

Reasons

1. The Plaintiff, under employment by the Defendant, provided labor from November 1, 2009 to September 1, 2012. The Defendant did not pay to the Plaintiff wages of 31.5 million won (=1.5 million won x 21 months) and retirement allowances of 1,298,580 won (=32,798,580 won) and retirement allowances of 1,298,580 won to the Plaintiff.

After that, on April 2014, the Plaintiff received a substitute payment of KRW 5,786,470 among the wages in arrears and retirement allowances as a substitute payment.

[Reasons for Recognition: Facts without dispute, Gap 1 and 2 evidence, the purport of the whole pleadings] According to the above fact-finding, the defendant is obligated to pay to the plaintiff 27,012,110 won in arrears and the balance of retirement pay (=32,798,580 won - 5,786,470 won) and damages for delay calculated at the rate of 20% per annum from September 16, 2012 to the date of full payment, 14 days after the plaintiff's retirement date, unless there are special circumstances.

2. The defendant's assertion that the defendant suffered loss to the defendant by forging the seal of the defendant, receiving unjust unemployment benefits, embezzlement of the defendant's operating expenses, etc. However, this circumstance does not constitute justifiable grounds for the defendant to refuse payment of wages in arrears and retirement allowances against the plaintiff. Thus, the defendant's above assertion is without merit without having to examine it.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

arrow