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(영문) 대구지방법원 2018.11.15 2018나305091
체불임금등 청구의 소
Text

1. In the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to pay below shall be revoked.

Reasons

1. According to each of the statements and arguments stated in Gap evidence Nos. 1 through 3 (including paper numbers) and the purport of the whole pleadings, the plaintiff A was discharged from office in each of the defendant company from August 1, 2003 to December 31, 2015; and the plaintiff B from September 21, 2005 to December 31, 2015; and the plaintiff A was discharged from office in each of the defendant company; and the plaintiff A was paid retirement pay of KRW 65,85,340 and the non-use annual allowance of KRW 2,721,801 and the non-use annual allowance of KRW 68,57,57,141; and the plaintiff B was not paid retirement pay of KRW 54,348,237 and the non-use annual allowance of KRW 2,410,092; and

Therefore, the Defendant is obligated to pay the Plaintiff A the total amount of the above retirement pay and the unpaid annual allowance, the total amount of KRW 68,57,141, and the amount of KRW 56,758,329, and each of the above amounts of KRW 56,758,329, respectively, to the Plaintiff B, for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from January 15, 2016 to the date of full payment, which is 14 days after the date on which the Plaintiffs’ ground for payment occurred, upon retirement on December 31, 2015.

(Plaintiffs claim damages for delay pursuant to the Labor Standards Act from the date following the date of retirement, but the obligation to pay damages for delay calculated at the rate of 20% per annum pursuant to Article 37(1) of the Labor Standards Act shall accrue from the day after the 14th day from the date of retirement, and therefore the previous claim for damages for delay shall not be justified

A. As to the assertion that the Defendant included the retirement allowance at the time of paying monthly pay, the Defendant, upon entering the Plaintiffs and paying monthly pay to the Plaintiffs from 2015 to 2015, paid the retirement allowance. The total amount of the retirement allowance paid to the Plaintiff A is KRW 46,271,80, and the total amount of the retirement allowance paid to the Plaintiff B is KRW 45,530,260.

Therefore, the Defendant fulfilled the obligation to pay retirement allowances as much as the above total amount. If the money paid as above is not effective as retirement allowance payment, the Plaintiffs are above.

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