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(영문) 전주지방법원 정읍지원 2017.04.20 2016가단1425
임금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,495,103 to the Plaintiff (Counterclaim Defendant) and its amount from August 11, 2014 to April 20, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. From June 10, 2005 to August 9, 2014, the Plaintiff was employed by the Defendant and worked as a middle equipment engineer.

B. The Plaintiff and the Defendant’s written employment contract made each year from January 201 to December 2013 indicated to the effect that “the Plaintiff’s monthly wage is KRW 3,200,000 after taxing from January 201 to KRW 3,200,000 after taxing from January 201, and KRW 3,30,000 after taxing from June 201 to June 2013, and the amount of retirement allowances is included in the said monthly wage, and the amount of overtime allowances is included in the said monthly wage.”

C. In addition, according to the monthly wage ledger prepared from around 2011 to 2013 with the Plaintiff’s signature, the Plaintiff received the same amount as the monthly wage, mainly for the pertinent period, and the monthly wage is indicated as being paid as the retirement allowance item in the monthly wage ledger.

On December 17, 2014, the Defendant paid KRW 11,284,150 to the Plaintiff in order to repay the retirement pay to the Plaintiff by transferring the Plaintiff’s wife to the account in the name of C.

E. The Defendant’s representative director D, on May 26, 2015, paid to the Plaintiff KRW 11,284,150 as retirement allowance from January 1, 2011 to August 9, 2014, in the case of violation of the Labor Standards Act (i.e., the former District Court Branch Decision 2015 high-level 431, and the Labor Standards Act (ii) violation of the Workers’ Retirement Allowance Guarantee Act (i.e., the Plaintiff)

‘A summary order of KRW 1,500,000 was issued for criminal facts, and the above summary order became final and conclusive around that time.

[Grounds for recognition] Gap evidence Nos. 1 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1-6, 16-18, and the purport of the whole pleadings

2. Determination on a retirement claim and counterclaim in the principal lawsuit

A. Plaintiff 1’s assertion of the purport of the parties is from June 10, 2005 to June 10, 2014.

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