logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2016.06.24 2015가단26610
퇴직금
Text

1. The Defendant shall pay to the Plaintiff KRW 108,214 and the interest rate of KRW 20% per annum from October 15, 2014 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. On November 1, 2005, the Plaintiff asserted that the Defendant Company entered into a labor contract with the Defendant Company and worked for the Defendant Company by September 30, 2014, from that time on which the industrial accident occurred, from that time, until September 30, 2014. As such, the Defendant Company is obligated to pay the Plaintiff a retirement allowance of KRW 21,932,246 corresponding to the above working period, and

B. Determination 1) The Plaintiff’s average wage received from the Defendant Company at the time of retirement does not conflict between the parties, and the Defendant Company is a person who worked for the Defendant Company from January 1, 2012 to September 30, 2014. Therefore, the Defendant Company is obligated to pay to the Plaintiff a retirement allowance of KRW 6,758,214 (i.e., KRW 81,979 x 30 x 1,003/365 x 365) and the delay damages therefor. (ii) Although the Plaintiff asserted that the Plaintiff worked for the Defendant Company from November 1, 2005, the previous date. However, each of the statements stated in subparagraphs A3 and 5 is insufficient to acknowledge it, and there is no other evidence to prove it otherwise.

2. Determination on set-off by the Defendant Company

A. The summary of the assertion is to set off the Plaintiff’s retirement allowance claim against KRW 3,00,000, which was paid to the Plaintiff on October 17, 2012, ② the Plaintiff’s claim to return the lease deposit against the Defendant Company B, which was returned from B around January 2013, and ③ the Plaintiff’s claim to return unjust enrichment of KRW 5,00,000, which was paid by the Plaintiff around January 2013, and ③ the accommodation cost of KRW 700,000, which was used by the Plaintiff around 2013.

B. 1) In light of the respective descriptions in the evidence No. 5 and No. 2 of advance payment refund claim A, the Defendant Company may grant a loan of KRW 3,000,000 to the Plaintiff on October 17, 199 (the fact that the advance payment was made was made).

Since so-called advance payment is a kind of loan that the plaintiff agreed to offset the retirement allowance at the time of the payment of retirement allowance or interim settlement of accounts between the worker and the employer, both claims on September 30, 2014 that the plaintiff retired are set off on the same day.

arrow