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(영문) 서울중앙지방법원 2015.01.14 2014가단42460
임금등
Text

1. The Defendant shall pay to the Plaintiff KRW 24,816,325 and the interest rate of KRW 20% per annum from April 30, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, under employment by the Defendant, who is a facility business entity, provided labor from March 10, 208 to April 15, 2013 and retired.

B. The Plaintiff asserted that the Defendant was not paid wages, and filed an application for the issuance of confirmation center with the Seoul Regional Employment and Labor Agency. On February 17, 2014, the Seoul Regional Employment and Labor Agency confirmed that the Defendant paid the Plaintiff wages of KRW 2,248,320 for March 17, 2013, wages of KRW 1,124,160 for April 2013, and the amount of bonuses of KRW 21,805,510 for annual leave from 2008 to 2013, and the amount of annual leave allowances of KRW 2,845,960 for retirement allowances of KRW 14,218,93 for retirement allowances of KRW 11,460 for retirement allowances of KRW 2,845,93 for late payment and the amount of delayed payment of retirement allowances of KRW 11,460 for March 3, 2013.

C. On November 19, 2014, the Defendant’s representative C was sentenced by the Seoul Central District Court to a fine of KRW 2,00,00,000,000,000 for total salary of March and April, 2013, and total bonus of KRW 21,805,510,000, retirement allowance of KRW 13,895,789, which was not paid within 14 days from the date of retirement without agreement on the extension of the due date.

(Seoul Central District Court 2014 High Court 2014 High Court 1542). [Reasons for Recognition] The fact that there is no dispute, Gap 1, 2 and 3 each entry, the purport of the whole pleadings.

2. Comprehensively taking account of the above facts finding as to the cause of the claim, the Defendant, an employer, barring any special circumstance, is obligated to pay to the Plaintiff, an employee, the amount of KRW 14,257,454, which remains after deducting the amount of KRW 14,257,454, which was paid by the Defendant from the total amount of the unpaid wages and retirement allowances, and damages for delay calculated at the rate of 20% per annum from April 30, 2013 to the date of full payment, which is the 14th day following the date of retirement, to the date of full payment.

The defendant shall enter into a comprehensive annual salary contract by adding the basic salary and other allowances without bonuses, and thereafter, the plaintiff.

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