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(영문) 서울중앙지방법원 2014.10.16 2014가합512508
임금
Text

1. The defendant shall make each of the money stated in the "retirement Allowance" as shown in the attached Table to the plaintiffs and the delay damages in the attached Table to each of them.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the evidence Nos. 1 through 4 of the Plaintiffs’ obligation to pay retirement allowances, the facts that the Plaintiffs were dismissed on each relevant day as stated in the column of the attached Table’s “Dismissal Date” while serving in a dental laboratory employed by the Defendant and operated by the Defendant, and that the Plaintiffs’ retirement allowances not paid by the Defendant are the same as the amount recorded in the column of the attached Table’s “retirement allowances” can be acknowledged.

According to the above facts, the defendant is obligated to pay to the plaintiffs each retirement pay stated in the "retirement Pay" column in the attached Table and each of them 14 days after the expiration of 14 days from the date of dismissal of the plaintiffs (Provided, That in the case of plaintiffs E, 14 days after the date of dismissal, as claimed by the above plaintiff), "the base date of calculation of delay damages" in the attached Table 2 from each of the corresponding dates to January 15, 2014, respectively, within the limit of 20% per annum as stipulated in the Labor Standards Act, and 5% per annum from the next day to the day of full payment.

(1) The plaintiffs except the plaintiff E seek damages for delay for the period from the date of dismissal to 14 days from the date of dismissal, but the defendant cannot be deemed to have delayed the payment of retirement allowances during this period. Thus, this part of the above plaintiffs' claims are without merit. 2. Conclusion of the plaintiff E's claims are justified, and the remaining plaintiffs' claims except the plaintiff E are accepted within the scope of the above recognition, and they are dismissed due to the lack of reasons.

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