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(영문) 서울남부지방법원 2016.05.26 2016나1446
임금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) the Plaintiff was employed by the Defendant and served as B from November 5, 2012 to July 31, 2014; (b) the Defendant, despite the fact, did not pay to the Plaintiff the sum of KRW 19,127,386, including the retirement allowance 2,152,150, and KRW 14,891,076, and annual paid leave in January 2013 to July 2014; and (c) the amount of KRW 2,084,160,000,000,000,000 won, which were paid to the Plaintiff within 14 days from the date of the occurrence of the cause of payment without agreement between the parties to the payment; (d) the Labor Standards Act; (e) the issuance of a summary order (C) which was issued by the Changwon District Court 2015,1373) under the Guarantee of Workers' Retirement Benefits Act; (e) the Defendant appealeded the Defendant’s appeal by 2015015 million won.

B. According to the above facts, even though the Defendant entered into an employment contract with the Plaintiff (hereinafter “instant employment contract”), the Defendant did not pay the Plaintiff a total of KRW 19,127,386 per annum of the Labor Standards Act from August 15, 2014 to the date of full payment. As such, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 20% per annum of the Labor Standards Act, which is calculated by the Plaintiff from August 15, 2014 to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant's assertion that since the time when the labor contract in this case was concluded with the plaintiff, the defendant agreed to pay the wages in accordance with the comprehensive wage system with the knowledge that overtime work, night work, holiday work, etc. was scheduled, it did not have the wages and retirement allowances payable to the plaintiff.

(b).

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