logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.05.16 2016나4738
임금 등
Text

1. The part of the judgment of the court of first instance against the plaintiff ordering additional payment is revoked.

The defendant is against the plaintiff.

Reasons

1. The Plaintiff claimed against the Defendant for the payment of wages, retirement allowances, and damages for delay from July 1, 201 to May 15, 2013 at the first instance trial. The court of first instance accepted only the claim for wages from July 1, 2011 to November 30, 201, and ordered the Defendant to pay KRW 17 million and damages for delay, and dismissed the remainder of the claim.

The defendant appealed against the part against the defendant among the judgment of the court of first instance, and the plaintiff appealed only to the part of the claim for retirement allowance (8,154,765 won) from among the part against the plaintiff in the judgment of first instance. Thus, the scope of the judgment of this court is limited to the above part of the defendant's appeal and the part of the plaintiff's incidental appeal and the part of the plaintiff'

2. Comprehensively taking account of the overall purport of Gap evidence No. 2’s statement and pleadings as to the part concerning the claim for wages from July 1, 2011 to November 30, 2012, the Plaintiff was paid KRW 1,00,000 per month from March 1, 2005 to November 30, 201, and performed accounting duties, etc.; the joint representative director C of the Defendant Company did not pay the Plaintiff wages of KRW 17 million from July 1, 201 to November 30, 2012.

“Along with the fact that the Defendant prepared a written confirmation, the Defendant is obligated to pay the Plaintiff the total amount of unpaid wages of KRW 17 million from July 1, 2011 to November 30, 2012 and delay damages therefrom.

3. Determination on the claim for retirement pay

A. The facts of recognition are as seen earlier that the Plaintiff had worked for the Defendant Company from March 2005 to November 30, 2012. The Plaintiff had worked for the Defendant Company as above, and the Defendant Company was a workplace that ordinarily employs not more than four workers including the Plaintiff, and the average wage for three months before the Plaintiff’s retirement (from September 1, 2012 to November 30, 2012) is 32,967 won.

arrow