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1. The defendant,
A. As to KRW 40,730,40 and KRW 30,364,780 among the Plaintiff (Appointed Party) from September 1, 2015.
Reasons
1. Facts without dispute;
A. The Defendant Company, the Plaintiff (Appointed Party) from May 1, 2007 to November 30, 2013, and the Selection B from March 2, 2008 to January 31, 2014 were retired.
B. When calculating the unpaid retirement pay during this period, the Plaintiff (Appointed Party) is KRW 30,364,780, and KRW 23,426,220 for the Selection B.
In addition, damages for delay calculated by 20% per annum under the Labor Standards Act until August 31, 2015, from the 14th day after the date of retirement of the retired principal, the original copy of the payment order in this case was served on the defendant company, is KRW 10,365,620, and KRW 7,201,155 for the appointed party B.
2. The allegations and judgment of the parties
A. In accordance with the determination as to the cause of the claim, the Defendant Company is obligated to pay to the Plaintiff and the Plaintiff (Appointed Party) KRW 40,730,40 (= KRW 30,364,780 KRW 10,365,620) and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from September 1, 2015 to the date of full payment. The Defendant Company is obligated to pay to the Selection Party KRW 30,627,375 (= KRW 23,426,20 KRW 7,201,55) and to pay damages for delay calculated at the rate of 23,426,20 per annum from September 1, 2015 to the date of full payment.
B. On March 2006, Defendant Company did not have a duty to pay retirement pay to the Plaintiff (Appointed Party) as retirement pay since it entered into an annual salary agreement with employees and paid 10% of the monthly amount received as retirement pay when converting into the annual salary system. Even if there is a duty to pay household retirement pay, Plaintiff (Appointed Party) received KRW 29,040,000 as well as KRW 22,00,000 as the designated party B received as retirement pay, and thus, Defendant Company gains unjust profit by receiving the amount of KRW 22,00,000 as retirement pay, respectively, as the automatic claim is set off against the retirement allowance claim.
B) The Defendant Company (the appointed party’s occupational breach of trust and the appointed party’s occupational breach of trust and the appointed party B, or C’s criminal complaint against the company’s funds embezzled while operating the Defendant Company.