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(영문) 서울중앙지방법원 2017.07.12 2016가단60615
임금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 9,241,210 and a rate of KRW 20% per annum from October 7, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was employed by the Defendant and retired from the office from office from January 31, 201 to January 31, 2015.

B. The Plaintiff filed a complaint with the Seoul Regional Employment and Labor Agency against the Defendant that the Defendant did not pay the wages and retirement allowances. At the time, the Defendant was investigated on February 24, 2016, and responded to the following: “The Plaintiff delayed payment of the Plaintiff’s wages and retirement allowances in total amount of KRW 23,493,426, and the payment was completed until December 2016:

(A) The “business owner’s confirmation letter of overdue wage, etc.” issued by the above Labor Agency (Evidence A) refers to the total overdue wage for three months as indicated below, and the total outstanding amount of KRW 23,456,943, which is the sum of KRW 14,115,934,000 for three months, and KRW 2,877,333,3333,2,570,000 for December 2014, 2015; KRW 2,877,333,2,633,2,635,50,509,509,500 for year-end retirement allowance and retirement allowance; KRW 14,877,333,50,000 for three months; KRW 2,877,333,570; KRW 14,501,576,379,436,425,275,200.

C. The Defendant paid 4 major insurance premiums to the Plaintiff in full for the unpaid wages and retirement allowances.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Determination

A. The parties asserted that the Plaintiff did not receive 23,456,943 won in total as wages and retirement allowances from the Defendant on the basis of the amount of the rent previously paid, and thereafter, the Plaintiff received 2,404,855 won in total from the Defendant on April 27, 2016, 190 won in total, 1,00 million won in June 3, 2016, 2000 won in total, 2,402,880 won in total, and 1,975 won in total, and 2,404,855 won in total from October 6, 2016, and the Defendant is obligated to pay damages for delay at a rate of 20% in total from October 7, 2016 to the date of full payment.

In regard to this, the defendant has completed the settlement of accounts between the plaintiff and the plaintiff, and the amount of retirement allowance of 11,274,543 and honorary retirement allowance of 2,87,33 shall be the sum of retirement allowance of 14,151,876 won (based on the pre-paid amount) recognized by the defendant, and the plaintiff shall be the plaintiff.

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