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1. The Defendant’s KRW 36,354,390 for the Plaintiff and KRW 5% per annum from May 8, 2012 to February 19, 2014.
Reasons
1.The following facts do not conflict between the Parties:
The defendant union was established to implement a housing redevelopment project in Seongbuk-gu Seoul Metropolitan Government Seoul, and completed the registration of incorporation on January 23, 2002.
B. The Plaintiff was appointed as the president of the Defendant Union from June 9, 2007.
C. On November 5, 2011, the Defendant Union elected D as the head of a new partnership at the general assembly of cooperatives, and completed registration for modification on November 28, 201.
2. Plaintiff’s assertion and judgment
A. The gist of the claim is that the Defendant Union is obligated to pay the Plaintiff the remaining KRW 44,687,070,070, after deducting the total of KRW 43,200,000 for the retirement pay of about four years and seven months from July 1, 2010 to February 1, 2012 and the total of KRW 9,60,00 for the retirement pay of about four years and seven months from June 9, 2007 to February 1, 2012 from which the amount of KRW 52,80,00 for the retirement pay of KRW 4,80,00, pension and health insurance premium of KRW 3,312,930 for the Plaintiff.
B. The Plaintiff was paid KRW 2,400,000 each month at the time of the Plaintiff’s president’s employment. Article 14(1) of the Rules on Remuneration of the Defendant Union provides that, when an officer or employee retires, there is no dispute between the Plaintiff and the Defendant Union as to the fact that the amount of retirement pay is 2,40,000 per year pursuant to the Labor Standards Act.
However, as seen earlier, since the Defendant Union appointed D as a new head of the partnership on November 5, 201, the Plaintiff completed its duties as the head of the partnership around that time.
However, if the Plaintiff, even after November 5, 201, actually performed the duties as the president of the partnership, or worked at the office to take over the duties, etc., and performed or instructed such duties, it may be deemed that the Plaintiff worked as the president of the partnership during the period of performing the said duties. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge this, and there is no other evidence to acknowledge this otherwise, the monthly remuneration is recognized only until November 5, 201.
Meanwhile, the Plaintiff’s pension and health insurance premiums KRW 3,312,930.