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(영문) 서울북부지방법원 2015.12.15 2014나7122
퇴직금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant is from November 15, 2013 to KRW 16,39,930 to the Plaintiff.

Reasons

1. Basic facts

A. From February 1, 2008, the Plaintiff worked in Dong located in Dongdaemun-gu Seoul Metropolitan Government, which was operated by the Defendant Company (former Company C) (former Company C) and retired on October 31, 2013.

B. Around June 30, 2004, F was appointed as the representative director of the Defendant Company and retired on or before June 30, 2010, but the registration of retirement was not completed because the latter representative director was not appointed until July 16, 2012. On July 17, 2012, F was appointed as the inside director and the registration of retirement of the inside director was completed simultaneously with the registration of retirement of the representative director.

C. A representative director of the Defendant Company was appointed on October 29, 2014 by G, but resigned on December 8, 2014, and H was appointed on December 8, 2014, but resigned on May 18, 2015, and I was appointed on May 21, 2015.

On November 26, 2013, the Plaintiff filed a petition with the Seoul Regional Employment and Labor Office to the effect that the Defendant Company would not pay retirement allowances, and received confirmation from the above Korea Labor Office that the Defendant Company delayed payment of KRW 16,39,930 of the Plaintiff’s retirement allowances.

(A) According to the statement of evidence No. 1, although the business name of the company is stated in the “ABB” issued by the head of the Seoul Regional Employment and Labor Agency, in full view of the purport of the entire pleadings in the statement of the corporate register of the defendant company, the company “J” is a non-existent corporation, and the defendant company’s “E” operated by the defendant company is recognized.

F) On April 25, 2014, the Seoul Northern District Court issued a summary order of KRW 2 million as Seoul Northern District Court No. 2014 High Court Decision 201Da3348 on April 25, 2014 on the fact that the retirement pay of the Plaintiff and KK’s retirement pay was not paid within 14 days from the date of retirement without any agreement on the extension of the payment due date between the respective parties. The said summary order was finalized on June 21, 2014.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, fact-finding results on the Seoul Regional Labor Employment Agency of the party, the purport of the whole pleadings.

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