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(영문) 부산지방법원 동부지원 2017.04.25 2016가단16834
임금 등
Text

1. The defendant,

A. From September 5, 2016, Plaintiff A 21,651,282 and its related thereto:

B. Plaintiff B is 4,548,380 won and 4,5480 won.

Reasons

1. As to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 (including household numbers; hereinafter the same shall apply), the Plaintiff was employed by the Defendant who is engaged in transportation business and worked for the period from December 18, 2009 to August 21, 2016, and the Defendant did not pay KRW 3,612,90 to the Plaintiff (i.e., the amount of KRW 2,800,000 on July 7, 2016), retirement allowance of KRW 18,038,382 to the Defendant, and the Defendant did not pay KRW 4,548,380 to the Plaintiff (i.e., the amount of KRW 3,612,90 on August 7, 2016), retirement allowance of KRW 18,038,382 to August 19, 208).

B. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 21,651,282 (i.e., wages of KRW 3,612,90 retirement pay of KRW 18,038,382) and damages for delay calculated at the rate of 20% per annum under Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from September 5, 2016 where 14 days have passed after the date of retirement to Plaintiff B, and from September 3, 2016 to the date of full payment each of them.

2. As to the defendant's argument

A. The defendant asserts that since the defendant agreed to pay the plaintiff A and the retirement allowance in installments, and paid 200,000 won per month as retirement allowance, the plaintiff A does not have an obligation to pay the retirement allowance separately.

This part of the defendant's assertion is without merit without further review, since it is not sufficient to recognize the fact of agreement and monetary payment as alleged by the defendant only with the statement of No. 1, and there is no other evidence to acknowledge it.

B. The defendant asserts that he paid all wages exceeding KRW 2,500,000 to the plaintiff B, but there is no evidence to acknowledge this, and this part of the defendant's assertion is without merit.

3. In conclusion, the plaintiffs' claims of this case are justified, and all of them are accepted. It is so decided as per Disposition.

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