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(영문) 부산지방법원동부지원 2020.02.18 2019가단1871
퇴직금
Text

1. The Defendant shall pay to the Plaintiff KRW 54,764,557 and the interest rate of KRW 15% per annum from February 8, 2019 to the date of complete payment.

Reasons

From January 1, 2003 to October 31, 2018, the Plaintiff retired from employment with ten full-time workers employed by the Defendant Company engaging in other printing business, and the fact that the amount of retirement paid by the Defendant Company to the Plaintiff exceeds KRW 54,764,57 may be acknowledged in light of the purport of the entire pleadings in the statement in subparagraph 1.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the above KRW 54,764,557 as well as damages for delay calculated at the rate of 15% per annum from February 8, 2019 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order sought by the Plaintiff.

The defendant asserts that even if the plaintiff's retirement allowance claim is recognized, 50,566,371 won was paid to the plaintiff as an interim retirement allowance, and that it cannot respond to the plaintiff's claim since it offsets the plaintiff's retirement allowance claim due to tort, such as obstruction of the plaintiff's business. However, the defendant's assertion is without merit.

If so, the plaintiff's claim is reasonable and acceptable.

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