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(영문) 청주지방법원 영동지원 2018.11.09 2018가단4320
퇴직금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 35,489,808 and the interest rate of KRW 20% per annum from November 2, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. From November 5, 2007 to October 18, 2017, the Plaintiff worked as an employee of the Defendant. As of July 1, 2016, the Plaintiff and the Defendant drafted a labor contract including the following:

6. Wages: - Wages of 1,890,00 won per month (day, hour) class 1,890,000 - Bonuses of 520,000 won per month (e.g., other benefits) and welfare allowances of 260,000 won shall be fixed on the condition of working hours referred to in paragraph 4.

- Wages Payment Date: 10th day of each month (in the case of holidays, preceding day payment - Payment method): Deposits in the deposit account book - Payment method: Payment by adding 50 per cent of the basic salary at extended, night, and on holidays.

: It shall be paid by adding 100% of the basic salary in late-time work.

B. From 2011 to 30 October 18, 2017, the details of the Plaintiff’s benefits are as indicated in the attached Form.

C. On January 16, 2018, the head of the Daejeon Regional Employment and Labor Office issued to the Plaintiff a written confirmation of overdue wages, etc. and business owners with the purport that the Plaintiff had the claim of KRW 2,754,860 on February 2, 2017, wage of KRW 3,040,070 on July 2, 2017, retirement allowance of KRW 29,694,878 on the part of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. Since there is no dispute between the parties that the Defendant, even after the Plaintiff’s retirement, did not pay the Plaintiff a total of KRW 5,794,930,00 in the wages of February 2, 2017 and KRW 2,754,860 in the wages of July 2017, and KRW 3,040,070 in the wages of July 2017, the Defendant is liable to pay the Plaintiff unpaid wages of KRW 5,794,930 and delay damages.

B. The plaintiff's assertion 1) The defendant did not pay the retirement allowance of 29,694,878 won even after the plaintiff retired. Thus, the defendant is obliged to pay the above retirement allowance to the plaintiff.

B. From March 1, 2012, the Plaintiff and the Defendant agreed to conclude a labor contract as annual salary system and pay retirement allowances in advance.

2.3.

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