logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.01.12 2019가단5306300
퇴직금 등 청구
Text

1. The Defendant’s KRW 40,89,197 as well as the Plaintiff’s KRW 6% per annum from January 9, 2017 to January 12, 2021.

Reasons

1. Facts of recognition;

A. The Defendant is a law firm established on January 13, 2006 for the purpose of performing duties, etc., belonging to a lawyer. The Plaintiff is an attorney-at-law employed on January 25, 2010, who retired on December 25, 2016.

B. On January 25, 2010, the Plaintiff concluded a labor contract with the Defendant to pay the Plaintiff KRW 5,00,000 each month (from January 26, 2011, KRW 5,500,000, KRW 6,000 from January 26, 201, and KRW 6,500 from January 26, 201, and KRW 6,500 from January 26, 2013 to KRW 6,50,00, each of which was raised) and served as a part of the Plaintiff’s taxes, such as the Plaintiff’s income tax, and the amount of the Defendant’s share of the employee out of the four major insurance premiums (hereinafter “instant labor contract”).

(c)

However, around February 2014, the Defendant set up a defined benefit plan under the Act on the Guarantee of Workers' Retirement Benefits for the Plaintiff, and paid contributions for retirement pension subscription from January 26, 2014 to December 25, 2016, which is the date of retirement.

(d)

Meanwhile, the Defendant’s monthly salary from February 2014 (from January 26, 2014 to February 25, 2014) to the Plaintiff is the same as the monthly salary of a certain amount stipulated in the instant labor contract.

The remainder after deducting the retirement pension charges of the subsection began to be paid as the benefits.

E) The Defendant paid KRW 6,961,538, respectively, to the Plaintiff as salary for October 2016 (from September 26, 2016 to October 25, 2016) and for November (from October 26, 2016 to November 25, 2016). The Defendant paid KRW 1,748,470, respectively, to the Plaintiff as income tax, resident tax, and insurance premium for each of the above benefits.

2) The Defendant paid KRW 6,961,538 to the Plaintiff for December 2016 (from November 26, 2016 to December 25, 2016) but did not pay KRW 1,237,620 in the aggregate of income tax and resident tax after paying only four premiums for the said benefits.

F. The Plaintiff received retirement benefit of KRW 19,977,655, which was calculated from January 26, 2014 to December 25, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 3, 4, 5, and 17, respectively.

arrow