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1. The Defendant shall pay to the Plaintiff KRW 188,393,084 and the interest rate of KRW 15% per annum from April 28, 2016 to the date of full payment.
Reasons
1. The following facts can be acknowledged in light of the following facts: there is no dispute between the parties, or the whole purport of the pleading in Gap evidence No. 1.
On January 2, 1988, the Plaintiff joined the Defendant and served on December 11, 2014 with the payment of KRW 6,987,448 per month from the management department.
B. On December 11, 2014, the Plaintiff retired from the Defendant.
C. The retirement allowance during the period during which the Plaintiff worked from January 2, 1988 to December 11, 2014 is KRW 188,393,084.
2. Determination
A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff a retirement allowance of KRW 188,393,084 and delay damages calculated at the rate of 15% per annum from April 28, 2016 to the date of full payment, as the Plaintiff seeks, according to the Plaintiff’s claim, the original copy of the instant payment order was served on the Defendant.
B. The summary of the defendant's defense 1) provides that the plaintiff embezzled 2 billion won of the defendant's operating fund of 200 billion won and can not pay retirement allowances without offsetting the amount of compensation, and considering the defendant's damage caused by the plaintiff's above tort, the plaintiff's claim against the defendant for retirement allowances is an abuse of right and is contrary to the principle of good faith. 2) The plaintiff's claim for retirement allowances against the defendant is against the principle of good faith, and Article 43 (1) of the Labor Standards Act provides that "the wages shall be paid in full in cash directly to the worker." In light of the principle of full payment of the wages, the employer cannot offset the worker's wage claims such as wages or retirement allowances with other claims against the worker (see, e.g., Supreme Court Decisions 201Da25184, Oct. 23, 201; 93Ma182, Mar. 16, 1994).