beta
Text
1. The Defendant shall pay to the Plaintiff KRW 32,249,216 and the interest rate of KRW 20% per annum from June 20, 2014 to the day of complete payment.
Reasons
1. The plaintiff's assertion
A. On April 10, 2002, the Plaintiff was employed by the Defendant and retired on June 5, 2014.
B. Although the Defendant agreed from November 2012 to increase the Plaintiff’s wages from KRW 2,300,000 per month to KRW 2,300,000 per month, the Defendant did not pay KRW 300,000 for 18 months from December 2012 to June 5, 2014, and thus, the Defendant sought payment of KRW 5,400,000 in total of the unpaid wages.
C. From April 10, 200 to June 5, 2014, based on the monthly amount of KRW 27,399,216 is calculated on the basis of KRW 2,300,000, the amount of retirement allowances corresponding to the period of service from April 10, 202 to June 5, 2014. Since the Defendant received KRW 550,000 from the Defendant, the Defendant’s payment of KRW 26,849,216 is sought.
2. Determination on the cause of the claim
A. The facts of recognition (1) The Defendant operated the manufacture and distribution business of medical devices under the trade name “D” in Daegu Suwon-gu, and the Plaintiff entered into a labor contract with the Defendant on April 10, 2002 and served as an accounting position at the said company on and before submitting a resignation notice on May 9, 2014, and completed the succession transfer system on and around June 5, 2014.
(2) The Defendant did not pay KRW 23,828,630 of retirement allowances of the Plaintiff retired on June 5, 2014 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
“The Defendant was prosecuted for violating the Act on the Guarantee of Workers’ Retirement Benefits and was sentenced to a fine of KRW 8,00,000 on November 13, 2015 (Seoul District Court 2015 High Court 598), and appealed against the said judgment (Tgu District Court 2015No4909), but the appeal was dismissed on October 28, 2016, and again appealed against the said judgment (Supreme Court 2016Do1844), and the appeal was dismissed on December 29, 2016.
(3) On June 19, 2006, E was employed by the Defendant and retired on June 5, 2014, while serving as the production director in D, and was paid KRW 2,000,000 by the Defendant on November 20, 2012.
At the time, E is seven to eight years after entry.