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1. The Defendant shall pay to the Plaintiff KRW 49,402,248 as well as 20% per annum from February 1, 2020 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Defendant is a company that manufactures and sells pharmaceutical materials, images, and treatment packaging. On March 8, 2012, the Plaintiff was employed by the Defendant and served as an appointed researcher affiliated with the research institute, and retired on December 30, 2019.
B. The Defendant did not pay to the Plaintiff a total of KRW 19,841,911 and retirement allowances of KRW 31,060,337, out of the Plaintiff’s wages from February 28, 2019 to the retirement date.
C. The Defendant paid to the Plaintiff KRW 1,50,000,000 on January 9, 2020 with the repayment of the above overdue wages and retirement allowances, KRW 50,000 on January 23, 2020, and KRW 500,000 on February 21, 2020.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 49,402,248 won, subtracting 1,500,000 won (50,902,248 won, 248 won, 500,500 won) and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act, from February 1, 202 to the day of full payment, as the plaintiff's payment of the defendant's principal, from 50,902,248 won (1,50,000 won, 500 won, 50,000 won) and its 14 days after the expiration of service period of the plaintiff.
3. The plaintiff's claim for conclusion is justified and acceptable.
However, the defendant has expressed his intention to repay the full amount of KRW 50,902,248 of the plaintiff's claim amount of provisional seizure. Accordingly, this court decided to recommend settlement that the defendant pays the full amount of the claim amount of provisional seizure to the plaintiff due to the plaintiff's withdrawal of provisional seizure and simultaneous implementation, but the plaintiff has raised an objection against it, the court costs are each borne.