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(영문) 수원지방법원 2021.02.16 2020가단18954
임금 및 퇴직금
Text

1. The defendant shall pay to the plaintiff 66,890,829 won and 66,070,208 won among them, 20% per annum from September 30, 2020 to the day of full payment.

Reasons

1. Although the Plaintiff was employed by the Defendant on May 16, 2016 and served until October 18, 2019, the Plaintiff was unable to receive 66,070,208 won, including the sum of 43,260,790 won, retirement allowances of 16,914,988 won, and other money and valuables of 5,894,430 won, from December 12, 2018 to October 2019.

Therefore, the Defendant is obliged to pay to the Plaintiff the total amount of KRW 66,070,208 and the amount of delayed damages of KRW 20% per annum as prescribed by the Labor Standards Act from November 2, 2019 after the 14th day from the date of retirement.

2. Grounds for recognition: Judgment deemed a confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act).

3. Part concerning partial dismissal.

A. On September 29, 2020, the Plaintiff received reimbursement of KRW 11,201,990 as part of the above claim amount from the Defendant.

If the amount of the above repayment made by the Plaintiff is appropriated in the order of interest and principal as prescribed by Article 479(1) of the Civil Act, the amount of the above repayment is appropriated in part of the 12,022,611 won (6,070,208 won x 33/366 x 0.2 x 0.2 x 0.06 x 0.2) calculated at the rate of 20% per annum for 66,070,208 won from November 2, 2019 to September 29, 2020) and the unpaid amount is appropriated in part of the 820,621 won (12,02,611 won - 11,201,90 won).

B. Therefore, the Defendant is obligated to pay to the Plaintiff the delayed damages calculated at the rate of 20% per annum from September 30, 2020 to the date of full payment, as to the amount of KRW 66,890,829 (the amount of KRW 66,070,208 (the amount of KRW 820,621) and the principal amount of KRW 66,070,208 (the amount of KRW 66,070) and the amount of delay damages calculated at the rate of 20% per annum from September 30, 2020 to the date of full

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