beta
Text
1. The Defendant shall pay to the Plaintiff KRW 21,873,105 and a rate of KRW 20% per annum from September 14, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. From September 15, 2014, the Plaintiff retired on June 3, 2016 while serving as the Defendant’s employee.
B. The sum of the wages, retirement allowances, and unused annual allowances that the Defendant had not received at the time of retirement is KRW 29,776,390.
C. The Defendant repaid to the Plaintiff KRW 6,223,173 on August 5, 2016, and KRW 3,000,000 on September 3, 2016.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]
2. Determination
A. According to the above facts, as of September 3, 2016, the remainder of the Plaintiff’s wage claim against the Defendant is KRW 21,873,105, and the specific grounds for calculation are as follows.
1) The Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from June 18, 2016, when 14 days have elapsed since the Plaintiff’s retirement date to the Plaintiff. 2) In the provision of payment, unless there is any assertion as to the existence of designation or agreement between the parties to the payment, the payment shall be appropriated in the order of expenses, interest, and principal in accordance with Article 479 of the Civil Act.
A) Of the 6,223,173 won repaid by the Defendant on August 5, 2016, 79,475 won (i.e., KRW 29,76,390 x 49/365 x 0.2) the remainder of KRW 5,423,698 x 0.2 shall be appropriated respectively for damages for delay, and the remainder of KRW 5,423,698 shall be appropriated for principal. (ii) the Defendant repaid on September 13, 2016 3,00,000 that the Defendant repaid on September 13, 2016 (=29,76,390 - KRW 5,423,698) x 39/365 x 0.2) shall be appropriated for damages for delay, and the remainder of KRW 2,479,587 x 0.2).
C) If so, the balance of principal as of September 13, 2016 is KRW 21,873,105 (=29,776,390) - 5,423,698 - 2,479,587.
B. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 21,873,105 as well as damages for delay at the rate of 20% per annum from September 14, 2016 to the date of full payment.
3. Partial acceptance of the Plaintiff’s claim