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(영문) 서울중앙지방법원 2019.11.26 2018가단5068809
임금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants and D are all affiliates of the E Group running housing business, construction business, etc.

B. On August 10, 1991, the Plaintiff was employed as a member of D and changed to Defendant B (hereinafter “Defendant B”) on November 1, 1996.

C. The Plaintiff served as the team leader in the housing project division of Defendant B, and was promoted to the director around March 2005 and the regular director around June 201.

On November 1, 2013, the Plaintiff changed his position to Defendant C Co., Ltd. (hereinafter “Defendant C”) according to the personnel announcement issued by Defendant B, and then retired from office on May 31, 2017.

E. Meanwhile, the Plaintiff was registered as Defendant C’s representative director from April 29, 2005 to March 5, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Summary of the parties’ assertion

A. On February 29, 200, the Plaintiff received KRW 18,797,287 from Defendant B as the interim amount of retirement pay for the period of employment up to that time. However, the Plaintiff submitted the resignation on February 29, 200 in accordance with the management policy of Defendant B, but continued to work without a labor contract interruption by taking the form of re-admission on March 1, 200. The submission of the above employee constitutes an inadequate representation and is not true as the Defendant B was a retirement allowance payment. Therefore, the Plaintiff was not effective as the interim amount of retirement allowance payment paid to the Plaintiff on February 29, 200. 2) The Plaintiff received the retirement allowance from Defendant B by dividing the annual salary from March 20 to February 2, 200, and received the remaining monthly amount of retirement allowance as the interim amount of retirement allowance from March 13, 200 to December 1, 200 to the company, and received the request for the interim amount of retirement allowance from the company.

However, the plaintiff submitted a written request for interim settlement of retirement pay at the request of defendant B, not free will, and the interim settlement of retirement pay is null and void.

Therefore, Defendant B from March 200 to February 2005.

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