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(영문) 대구지방법원 2018.03.23 2016가단130063
체불임금등 청구의 소
Text

1. The defendant shall pay to the plaintiff A KRW 68,57,141, and KRW 56,758,329 and each of them shall be repaid from January 1, 2016.

Reasons

1. Chief;

A. Plaintiffs 1) Plaintiff A’s assertion 1, August 1, 2003; Plaintiff B, on September 21, 2005, worked for the Defendant Company on December 31, 2015, and retired on December 31, 2015. However, the Defendant did not pay Plaintiff A retirement allowance of KRW 65,85,340, and total annual rent of KRW 2,721,801, and total annual rent of KRW 68,57,141, and did not pay Plaintiff B retirement allowance of KRW 54,348,237, and annual rent of KRW 2,410,092, including KRW 56,758,329.

3) Therefore, the Defendant is obligated to pay the Plaintiff A the amount of KRW 68,57,141 and KRW 56,758,329, and each of them, to the Plaintiff B, at the rate of 20% per annum as prescribed by the Labor Standards Act, from January 1, 2016, the following day after the retirement date. (B) The Defendant’s assertion 1) paid retirement allowances from 2005 to 2015 when paying monthly salary to the Plaintiffs, and the total amount of KRW 46,271,80 in the case of the Plaintiff A, and the total amount of KRW 45,530,260 in the case of the Plaintiff B.

Therefore, if the amount of retirement allowance paid as retirement allowance is not effective as retirement allowance payment, the plaintiffs should return the money in the name of the above retirement allowance to the defendant as unjust enrichment, and the amount equivalent to the above unjust enrichment shall be offset against the payment obligation of retirement allowance to the plaintiffs.

2) The Defendant paid 50% of the wage and salary income tax, local income tax, national pension, and health insurance premium each month by the Plaintiffs. In the case of the Plaintiff A, the total amount paid by the Plaintiff is 28,391,390 won (the amount of wage and local income tax is 16,438,340 won, and the amount of national pension and health insurance premiums is 11,953,050 won.

) In the case of Plaintiff B, the total amount paid on behalf of the Plaintiff is KRW 36,256,040 (income tax and local income tax 25,557,560, national pension and health insurance premium 10,698,480).

In addition, the defendant lent money of KRW 10 million to the plaintiff A on September 12, 2008.

However, it is against the plaintiffs.

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