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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. From May 2009 to March 2015, the Defendant served for the Plaintiff Company. The Defendant paid KRW 9,780,570, including the National Pension Premium 5,436,450, the employment insurance and industrial accident compensation insurance premium 644,170, the national health insurance premium 3,477,540, the national health insurance premium 22,410, and the long-term care insurance premium 222,410, and the Defendant paid KRW 9,780,570, the cargo vehicle 2) from August 2010 to September 2013, 2013.
The defendant did not pay KRW 8,660,940, which is calculated by 5% of the monthly transportation cost during the above period.
3) Upon the Defendant’s request for the settlement of accounts of retirement allowances, the Plaintiff Company paid KRW 500,000,000 from around December 2013 to around December 2000 each month’s retirement allowance group, and the sum thereof is KRW 5,250,00. The aforementioned payment does not fall under the ground for payment of retirement allowances stipulated in the Guarantee of Workers’ Retirement Benefits Act, and thus becomes null and void as a violation of compulsory provisions. Accordingly, the Defendant is obligated to pay to the Plaintiff a total sum of KRW 23,691,510 (the total amount of KRW 9,780,570 (the total amount of KRW 8,660,940) and damages for delay.
B. Defendant 1) The Defendant received benefits from all the insurance premiums claimed by the Plaintiff while working in the Plaintiff Company. Therefore, the Plaintiff’s assertion on the payment of the insurance premiums is without merit. 2) The Defendant received money from the Plaintiff after deducting the monthly rent from the monthly transportation revenue, and thus, the Plaintiff’s assertion on the payment of the fees is without merit.
3. The amount claimed by the plaintiff was received as an increase in the amount of benefits, and therefore, the plaintiff's assertion is not justified.
2. Determination
A. First, we examine the claim for the amount of national pension contributions.
In the absence of any special agreement, the employer shall pay the contributions to be borne by the employees, such as national pension contributions, in accordance with the relevant statutes (e.g., Article 90 (1) of the National Pension Act).