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(영문) 부산지방법원서부지원 2020.07.23 2019가단110894
청구이의
Text

1. The Defendant’s decision on performance recommendation for the case, such as wages, etc. in Busan District Court Western Branch No. 2019 Ghana 20049 against the Plaintiff.

Reasons

1. Basic facts

A. From October 1, 2011 to March 6, 2019, the Defendant retired from office after serving as a production employee in C operated by the Plaintiff.

B. As the Defendant did not receive retirement allowances from the Plaintiff, the Defendant filed a petition with the Busan Regional Employment and Labor Office for the purport that the unpaid wages and retirement allowances are KRW 26 million.

The Plaintiff and the Defendant agreed that “the Plaintiff shall pay KRW 10 million to the Defendant, and the Defendant shall be paid a retirement allowance of KRW 7 million with a substitute payment and KRW 7 million with a wage of KRW 7 million.”

On June 10, 2019, the Busan Regional Employment and Labor Office prepared a written confirmation of the business owner of overdue wages, etc., stating that the defendant's payment of unpaid wages and retirement allowances to the plaintiff is KRW 14,036,128.

On June 19, 2019, the Plaintiff transferred KRW 10 million to the Defendant on June 19, 2019, and the Defendant voluntarily withdrawn the Plaintiff’s petition.

C. On June 25, 2019, the Defendant sought payment of the aforementioned unpaid wages and retirement allowances as Busan District Court Branch Decision 2019 Ghana2049.

On June 26, 2019, the above court rendered a decision of performance recommendation to the effect that “the Plaintiff shall pay KRW 14,036,128 to the Defendant” and the decision of performance recommendation was delivered to the Plaintiff on July 4, 2019 and became final and conclusive as is.

(hereinafter referred to as the “instant recommendations”) D. D.

The defendant received 7,716,120 won as unpaid wages and retirement allowances from the Busan Regional Headquarters of Korea Labor Welfare Corporation.

On August 2, 2019, Korea Labor Welfare Corporation notified the Plaintiff of the payment of KRW 7,716,120 as above by subrogation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 5, purport of whole pleading

2. Determination:

A. According to the above facts, the decision on the execution recommendation of this case was about 14,036,128 won in total at the time of retirement of the defendant against the plaintiff, and the defendant received KRW 10 million from the plaintiff after retirement.

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