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1. The Defendant’s KRW 30,225,670 as well as 5% per annum from May 4, 2019 to May 14, 2019 to the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The following facts may be acknowledged either as a dispute between the parties or as a whole by combining the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2:
(1) The Plaintiff retired while serving in the Defendant Company by April 19, 2019.
(2) The Defendant’s salary to be paid to the Plaintiff during the period from August 2016 to April 19, 2019 is KRW 91,225,670 in total as shown in the separate sheet. The Defendant paid KRW 59,000,000 among the wages to the Plaintiff by December 31, 2018 as shown in the same list.
B. According to the above facts, the defendant is obligated to pay to the plaintiff the unpaid amount of 32,225,670 won (=91,225,670 won - 59,000,000 won) and damages for delay, barring special circumstances.
2. Judgment on the defendant's assertion
A. On May 2019, the Defendant paid KRW 2,000,000 to the Plaintiff out of the unpaid benefits.
In addition, as the Defendant received the lease deposit on August 2019, paid the remaining benefits to the Plaintiff, it should be deemed that the Defendant is not liable until that time.
B. (1) In full view of the purport of the entire pleadings in the statement in subparagraph 1 of B, the Defendant is recognized to have remitted KRW 2,00,000 to the Plaintiff on May 8, 2019, as part of the benefits, which ought to be deducted from KRW 32,225,670 as seen above.
(2) On August 2019, the Defendant’s payment of the remainder of the unpaid benefits to the Plaintiff upon receipt of a lease deposit, and the Plaintiff’s acceptance of such an agreement or agreement to postpone the payment date of the unpaid benefits until August 2019 between the parties to the agreement or agreement was made by August 2019, there is no evidence to acknowledge such agreement or agreement. Therefore, this part of the Defendant’s assertion is difficult to accept.
3. Accordingly, the Defendant’s conclusion is as follows: KRW 30,225,670 (= KRW 32,225,670 - KRW 2,00,000) and as to the Plaintiff’s retirement date from May 4, 2019, which is 14 days after the Plaintiff’s retirement date.