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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 21,298,224 as well as the full payment from November 16, 2013.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant is a company engaged in duplication of various documents, printing out drawings, production and supply of copies, etc., and the Plaintiff joined the Defendant Company on December 1, 2007 and retired on October 31, 2013 while serving as a member of the Defendant Company.
B. Until July 2013, the Defendant paid KRW 3,400,000 as monthly salary to the Plaintiff ( = duty allowances of KRW 600,000,000 as basic salary = KRW 700,000, KRW 100 as self-driving subsidy).
C. On the other hand, the Defendant paid KRW 2,410,00 as the benefit of August 2013 ( = KRW 1,400,00 as the duty allowances of KRW 420,000 as the duty allowances of KRW 490,000 as the duty allowances of KRW 490,00 as the duty allowances of KRW 400,00 as the duty allowances of KRW 100,000 as the benefit of KRW 1,750,000 as the benefit of September 2013 and KRW 1,750 as the benefit of KRW 10,00 as the duty allowances of KRW 350,00 as the duty allowances of KRW 10,00 as the duty allowances of KRW 1,50,000 as the basic wage.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 10, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. As seen in the above facts, as to the unpaid benefits, the Defendant was obligated to pay the Plaintiff the amount of KRW 90,00 (=3,400,000 - 2,410,000) out of the amount of the retirement benefits on August 2013, 2013, and KRW 1,650,00 ( = 3,400,000 - 1,750,000 - 1,000) out of the amount of the amount of the retirement benefits paid on September 2, 2013 and the amount of the portion paid on October 2, 2013, the Defendant did not set up the retirement benefits plan or the retirement benefits plan under Article 18-1 of the Guarantee of Workers' Retirement Benefits Act, and thus, the Defendant is obligated to pay the amount of unpaid benefits to the Plaintiff as the retirement benefits amount of KRW 4,290,000 (=90,650,000).
Furthermore, the Defendant’s retirement pay to the Plaintiff.