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1. The Defendant shall pay to the Plaintiff KRW 29,315,200 and the interest rate of KRW 20% per annum from March 15, 2014 to the day of complete payment.
Reasons
1. The parties' assertion
A. The Plaintiff was employed by the Defendant company running the business of developing the Plaintiff’s golf course and retired from office as the head of the headquarters from January 1, 2012 to February 28, 2014. However, the Plaintiff was not paid wages and retirement allowances from June 2013 to February 2014.
B. The employment of the Plaintiff is not the Defendant Company but the actual representative of the Defendant Company. Therefore, the Defendant Company is not obligated to pay wages and retirement allowances to the Plaintiff.
2. In full view of the following circumstances acknowledged by comprehensively taking account of the following circumstances, namely, the Plaintiff, as an employment provided policyholder whose workplace covers the Defendant Company, acquired the eligibility for health insurance from October 1, 2012 to February 11, 2014, the person who paid wages to the Plaintiff is not C, and the Plaintiff appears to possess and use the Defendant Company’s corporate card, it is recognized that the Plaintiff was not the Defendant Company, but the Plaintiff was not the Defendant Company.
In addition, comprehensively taking account of the overall purport of the statement and argument by Gap evidence No. 1, it can be acknowledged that the plaintiff did not receive wages of 24,828,910 won from June 2013 to February 2014 and retirement allowances of 4,486,290 won from the defendant.
Therefore, the Defendant is obligated to pay to the Plaintiff 29,315,200 won (i.e., wages of KRW 24,828,910 as retirement allowances of KRW 4,486,290) and damages for delay calculated at the rate of 20% per annum as prescribed by the Labor Standards Act from March 15, 2014 to the date of full payment, 14 days after the Plaintiff’s retirement date.
3. In conclusion, the plaintiff's claim is with merit, and it is decided as per Disposition by admitting it.