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(영문) 서울중앙지방법원 2015.09.10 2014가단5299605
임금
Text

1. The Defendant’s KRW 39,234,359 for the Plaintiff and KRW 5% per annum from December 19, 208 to September 25, 2014.

Reasons

1. The plaintiff was employed from August 1, 200 to work for the defendant, and retired on December 4, 2008.

At the time of retirement, the Plaintiff was not paid KRW 52,835,25 by the Defendant, including KRW 8,826,325, annual leave allowances, KRW 5,370,810, retirement allowances, KRW 38,638,118, and KRW 52,835,253.

On December 21, 2009, the Plaintiff received payment of the total of KRW 13,600,894 from the Korea Workers' Compensation and Welfare Service, including the total of KRW 5,800,894, and the retirement allowances of KRW 7,800,000.

【Ground of recognition】 The fact that there is no dispute, A2, 3, 7, and the purport of the whole pleading

2. Determination

A. According to the above findings of determination as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay the plaintiff wages of KRW 3,024,431 (= KRW 8,826,325 - KRW 5,800,894), annual leave allowances of KRW 5,370,810, unpaid retirement allowances of KRW 30,838,118 (= KRW 38,638,118 - KRW 7,800), and to pay damages for delay at the rate of KRW 39,234,359 (= KRW 3,024,431, KRW 5,370, KRW 838,118), and to pay damages for delay at the rate of KRW 205,00,000 from the date following the date of retirement to December 19, 208 (the plaintiff’s payment of damages for delay from the 205th day following the date of retirement).

The aforementioned unpaid retirement allowance shall be “instant retirement allowance”

B. B. The Defendant’s defense 1) The Defendant’s claim on the Plaintiff’s unpaid wages and allowances, and unpaid retirement allowances is subject to the three-year statute of limitations, and the Defendant has the Plaintiff.

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