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(영문) 서울동부지방법원 2016.03.18 2015가단110325
퇴직금
Text

1. The Defendant’s KRW 28,372,987 as well as the Plaintiff’s annual rate of 5% from March 15, 2015 to May 22, 2015.

Reasons

1. Facts of recognition;

A. From January 1, 1996 to February 28, 2015, the Plaintiff (C) served as the chief executive officer of Defendant LiveC, who works for not more than four full-time employees, and retired from office as of March 1, 2015.

B. The sum of the basic pay, various allowances, and bonuses for three months before the Plaintiff’s retirement is KRW 4,438,980, daily average wage is KRW 49,322, and the Plaintiff provided labor for 6,99 days in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9, 10, 11, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that there was an agreement between the defendant and the defendant on the payment of retirement allowances, and that there was no fact that there was no agreement on the payment of retirement allowances.

The following circumstances, which are acknowledged as above and Gap evidence Nos. 12, 13, 14, 20 through 28, include the whole purport of arguments, namely, according to the Addenda to the Guarantee of Workers' Retirement Benefits Act, the defendant's workplace does not need to set aside retirement allowance allowances for the payment of retirement allowances, and the defendant's workplace does not need to do so before that, according to the Addenda to the Rules on the Management of the defendant's Loan, which was enacted on January 1, 1996, the retirement allowance shall be set up and implemented from January 1, 1996, and the retirement allowance shall be continuously collected from the management expenses. The defendant's representative has calculated and confirmed the retirement allowance payment from January 1, 201 to December 30, 201 (E) and from December 30, 201 to December 30, 2007 (E).

Therefore, the defendant is therefore the plaintiff unless there are special circumstances.

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