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(영문) 수원지방법원 2016.10.26 2016나3857
임금 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Determination as to the cause of the principal claim

A. 1) The Plaintiffs, from January 1, 2009 to January 1, 2009 at retail stores of “D” or “E” operated by the Defendant, retired from office on April 15, 2014, when the Plaintiffs calculated retirement pay based on the benefits received during the said service period, the Plaintiff’s retirement pay amounted to 11,103,863, and the Plaintiff’s retirement pay amounted to 7,607,097.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of determination, the defendant is obligated to pay the remaining unpaid retirement allowances of the plaintiffs, excluding 1,00,000,000 won, which the plaintiffs received as retirement allowances, to the plaintiff A, 10,103,863 won, and 6,607,097 won to the plaintiff B, and damages for delay calculated at the rate of 20% per annum from April 30, 2014 to the date of full payment, which is the 14th day after the retirement date of the plaintiffs.

2. Determination on the grounds of the defense and the counterclaim as to the claims on the principal lawsuit

A. The defendant's assertion on behalf of the plaintiffs and retirement allowances agreed to pay 3.50,000 won per month of the rent for the plaintiffs' usual dwelling land in lieu of the plaintiffs and retirement allowances.

Even if such agreement is null and void, the Plaintiffs shall return to the Defendant the total amount of KRW 19,00,000,000 received as above, as retirement allowance, as unjust enrichment.

B. The right to claim the payment of one retirement allowance with the validity of an agreement to pay the retirement allowance is only a requirement for the termination of the employment relationship, and as long as the employment contract remains in existence, there is no room for the obligation to pay the retirement allowance, and it is specified as retirement allowance under the name of the monthly paid or daily paid day.

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