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1. The Defendant’s KRW 25,920,806 and KRW 20,882,093 out of the above money to the Plaintiff shall be from February 15, 2014 to the said money.
Reasons
1. Basic facts
A. The Plaintiff is employed by the Defendant from July 20, 2004 to January 31, 2014.
(2) On July 9, 2014, the Plaintiff retired from office on October 21, 2014, and received only KRW 24,000,00 from the retirement allowances during the said period (hereinafter “the first retirement allowances”). The Plaintiff was not paid the second retirement allowances during the said period (hereinafter “the second retirement allowances”).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the first retirement allowance
A. According to the above facts, the Defendant, as an employee, is obligated to pay to the Plaintiff, who is an employee, 20,882,093 won (44,882,093 won - 24,000,000 won) and damages for delay at the rate of 20% per annum as stipulated in Article 37 of the Labor Standards Act and Article 17 of the Enforcement Decree of the Act from February 15, 2014 to the date of full payment after 14 days from the date of retirement.
B. The Plaintiff and the Defendant agreed to reduce the first retirement allowance at the end of June 2014 to KRW 24 million, and the Defendant asserted that all the agreed retirement allowances were paid to the Plaintiff.
We examine whether there was an agreement between the Plaintiff and the Defendant to reduce the first retirement allowance of KRW 24 million.
According to each of the statements in Eul evidence Nos. 9, 14, and 15, witness C, and D, it is recognized that the plaintiff stated that he/she had agreed on retirement pay to other private teaching institute students at 50%.
However, the following circumstances, which are acknowledged by comprehensively taking account of the foregoing evidence and evidence No. 7 evidence and the purport of the entire pleadings, namely, ① the Plaintiff and the Defendant have not prepared any document related to the agreement on the reduction of retirement allowances between the Plaintiff and the Defendant, ② the Defendant prepared an agreement in writing upon the agreement on the reduction of retirement allowances with E and the Defendant, and ③ the working person of the Plaintiff and the Defendant (the