logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.10.22 2018가단5227684
퇴직금
Text

1. Defendant D’s KRW 6,094,250 for Plaintiff A and 6% per annum from March 16, 2017 to October 22, 2019, respectively.

Reasons

1. Facts of recognition;

A. Defendant D was engaged in the general book publishing business with the trade name of G, and was closed on June 30, 2017 due to business difficulties.

Defendant Company was established for publishing business, etc., and Defendant F, Defendant D’s children, is a formal representative director, and Defendant D is an internal director.

B. Some of the employees of G including Plaintiff B and C (excluding Plaintiff A) were employed in the Defendant Company after the withdrawal of G during the closure of G, and Defendant D promised to assume the responsibility for the issue of retirement pay, pay, etc.

C. The employees transferred to the Defendant Company, including Plaintiff B and C, continued to perform the same duties at the same place.

Defendant D is working only in G.

A retired employee also paid the unpaid benefits in the name of the defendant company, and transferred to the defendant company.

Although retirement allowances calculated by including the G working period for retired employees were paid to the Plaintiffs, they refused to pay retirement allowances, etc. on the ground that they were employed by the competitor after retirement.

E. From G, Plaintiff A worked from December 10 to February 28, 2017; Plaintiff B from November 22, 2010 to November 30, 2016; Plaintiff C from November 26, 2013 to October 31, 2016.

From the Defendant Company, Plaintiff B works from December 1, 2016 to April 6, 2017; and Plaintiff C from November 1, 2016 to March 15, 2017.

The retirement was withdrawn.

F. Defendant D paid KRW 1,426,790 for the interim settlement of retirement allowances to Plaintiff B on March 15, 2012, but did not obtain consent regarding the interim settlement of retirement allowances.

G. The Defendant Company, without the Plaintiff’s consent, paid 3-month benefits from January 1, 2017 to March 3, 2017 without reducing the basic salary (the base salary of KRW 2,370,000 for the month before the reduction, and the base salary of KRW 2,123,00 for the month after the reduction). On January 15, 2018, the Defendant Company paid 1,55,880 won to Plaintiff B as the salary of KRW 1,55,80 for the period of April 2017.

Grounds for Recognition: Facts without dispute, Gap 1 through 40, Eul 1, Eul 2, 4, 5 through 8, the results of each reply, and the whole pleadings.

arrow