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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.10.06 2016가단83137
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 132,935,483 as well as 20% per annum from November 15, 2015 to the date of full payment.

Reasons

1. The Plaintiff’s determination as to the cause of the claim does not dispute between the parties, or can be acknowledged by taking into account the overall arguments in each of the statements in subparagraphs 1 through 6, as a whole, while the Plaintiff was working in the Defendant Company for the period from September 19, 2002 to October 31, 2015, with the payment of KRW 55,658,70, retirement allowances of KRW 66,153,963, bonuses of KRW 11,122,820, and KRW 132,935,483, as well as KRW 132,935,483.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 132,935,483 won in arrears and damages for delay calculated at the rate of 20% per annum as provided by the Labor Standards Act from November 15, 2015 to the date of full payment, which is apparent that it is 14 days after the date of retirement.

2. As to the assertion of the Defendant Company, while the Plaintiff worked as Defendant Company B, the Defendant Company paid the advance payment to the Plaintiff, the Plaintiff used it only in relation to its business, and submit the advance payment to the Defendant Company to complete the settlement of the advance payment with evidence of use, etc. However, the Plaintiff’s failure to comply with such procedures, which constitutes the amount necessary for the settlement with the Defendant Company, and thus, the amount of KRW 161,737,387 out of the advance payment used by the Plaintiff constitutes the amount requiring settlement with the Defendant Company. Accordingly, it is asserted to the effect that the Plaintiff’s automatic bond should be offset within

In light of the purport of declaring the so-called principle of total wage payment (see, e.g., Supreme Court Decision 2001Da25184, Oct. 23, 2001) and the purport of offsetting the claim prohibited from seizure, such as the right to claim wages, by the claim for wages, etc. under Article 497 of the Civil Act, the employer may not set off against the worker’s wage claims by means of loans or tort against the worker, except for the over-paid claim for return of wages.

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