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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. The Plaintiff, under employment by the Defendant, provided labor from August 11, 2014 to June 30, 2016.
B. The Plaintiff did not receive retirement allowances of KRW 3,006,99 from the Defendant.
C. The Defendant, within 14 days from the date of the Plaintiff’s retirement, was indicted for summary facts constituting a crime that the Plaintiff had not paid the retirement allowance to the Plaintiff, and was issued a fine of approximately 2016 high-level8418 by the Suwon District Court, and the summary order became final and conclusive.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 3,006,99 won and damages for delay calculated at the rate of 20% per annum from July 15, 2016 to the date of full payment, which is the 14th day after the plaintiff's retirement date, as claimed by the plaintiff.
B. As to this, the defendant asserts that, upon prior consultation with the plaintiff, 200,000 won was paid in advance to the plaintiff in lieu of the payment of the retirement allowance, the plaintiff does not have the obligation to pay
However, there is insufficient evidence to acknowledge that only the descriptions of No. 1 and No. 2 are sufficient to acknowledge that the Defendant and the Plaintiff agreed to pay a certain amount of money in advance as retirement allowance, and that it was paid.
Even if there was an agreement between the Plaintiff and the Defendant to pay a certain amount in advance with a monthly salary and retirement allowance (hereinafter “an agreement on the division of retirement allowances”).
Even if the agreement is not accepted as an interim settlement of the retirement allowance, the employee's right to claim a retirement allowance (Article 9 of the Guarantee of Workers' Retirement Benefits Act shall be paid a retirement allowance within 14 days from the date on which the cause for the payment occurred if the employee retires).