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(영문) 서울중앙지방법원 2017.06.14 2016가단145462
퇴직금
Text

1. The Defendant: (a) KRW 8,440,622 to Plaintiff A; (b) KRW 2,596,363 to Plaintiff B; (c) KRW 13,736,842 to Plaintiff C; and (d) KRW 8,391 to Plaintiff D.

Reasons

1. Basic facts

A. The Plaintiffs were employed as a singishing company and a singishing investigation, etc., as indicated in the Ashmark at H “H” in Jongno-gu Seoul Metropolitan Government Gaining Manufacturing Business chain operated by the Defendant.

Plaintiff

Monthly salary during the working period from May 20, 201 to July 27, 2016, KRW 2,700,000 B B from June 26, 2015 to July 27, 2016 C from May 20, 2011 to July 27, 2016, KRW D 2,700,000 from January 27, 2013 to July 27, 2016 to July 27, 2016.

B. The Defendant did not pay the Plaintiff A retirement allowance of KRW 8,440,622, retirement allowance of KRW 2,596,363, retirement allowance of KRW 13,736,842, retirement allowance of KRW 8,391,516, and retirement allowance of KRW 3,463,190 to the Plaintiff A, respectively.

C. The Defendant was issued a summary order of KRW 1.5 million with the Seoul Central District Court Decision 2016 High Court Decision 27691 on the violation of the Act on the Guarantee of Workers' Retirement Benefits, and the said summary order was finalized on February 1, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 2-1 to 5, Gap evidence 4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff A 8,440,622 won, the 2,596,363 won to the plaintiff B, the 13,736,842 won to the defendant C, the 8,391,516 won to the plaintiff D, the 3,463,190 won to the plaintiff E, and the delay damages calculated at the rate of 20% per annum from August 11, 2016 to the day of full payment under the Labor Standards Act.

3. The defendant's assertion asserts that the defendant agreed to pay the plaintiffs and retirement allowances to be included in monthly salary, and that the defendant paid all retirement allowances to the plaintiffs in accordance with the above agreement.

If an employer and an employee enter into an agreement on the division of retirement allowances that shall pay in advance a certain amount of money with a monthly or daily allowance paid by the employee, the agreement shall be the main sentence of Article 8(2) of the Retirement Benefits Act.

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