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Reasons
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(영문) 대전지방법원논산지원 2015.11.26 2015가단2822
퇴직금
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1. The Plaintiff:

A. Defendant C is 59,209,860 won and 5% per annum from December 31, 2013 to November 26, 2015;

Reasons

Facts of recognition

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a construction company, and Defendant C is the representative director of the Defendant Company, and the Plaintiff is a former employee of the Defendant Company.

B. From July 2, 2002, the Plaintiff served as a civil engineering engineer at the Defendant Company on July 31, 2012, and retired from office on July 31, 2012, but the Defendant Company did not pay the Plaintiff wages of KRW 66,050,000 and retirement allowances of KRW 22,209,860 within 14 days from the date of retirement.

C. On January 7, 2013, the Plaintiff filed a lawsuit against the Defendant Company seeking payment of KRW 66,050,000 for the overdue wages ( Daejeon District Court 2013Kadan105), and on April 1, 2013, the following adjustment was established:

(hereinafter referred to as the “instant protocol”) 1. The Defendant Company shall pay the Plaintiff KRW 67,00,000 by July 31, 2013, and if the Defendant Company fails to pay the above amount by the above date, the amount of delay damages shall be paid by adding 20% per annum from August 1, 2013 to the date of complete payment.

2. Upon receipt of the payment of the amount set forth in paragraph (1) from the Defendant Company, the Plaintiff shall, without delay, file an application for cancellation of provisional seizure against the property of the Defendant Company (the Daejeon District Court Branch Branching 2012Kadan906).

3. To waive the remainder of the Plaintiff’s claim against the Defendant Company (which refers only to the portion of wages, and does not waive the portion of retirement allowances not claimed in this case).

4. The costs of lawsuit and the costs of mediation shall be borne respectively;

On August 29, 2013, Defendant C, as a representative director of the Defendant Company and an individual, prepared and delivered a letter of payment of overdue wages to the Plaintiff, stating that “10,000,000 won out of the 67,000,000 won under the instant conciliation protocol shall be paid up to August 10, 2013, and 30,000,000 won shall be paid up until December 29, 2013, and the remaining overdue wages and retirement allowances shall be paid up to December 30, 2013.”

(hereinafter “each of the instant notes”). (e)

(2).

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