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(영문) 광주지방법원 2015.06.19 2013가합11340

임금

Text

1. The defendant shall provide to the plaintiffs each corresponding money in the "total - personal amount" column in the attached Table 1 list and its substitute.

Reasons

1. Basic facts

A. The parties to the contract are companies primarily responsible for the contract execution, etc. of civil engineering, construction, electricity (class 1, dispatch and distribution), and the plaintiffs are each retired persons on each relevant date specified in the “period of employment” in the attached Table 2, each of which is entered in the “period of employment” in the attached Table 2.

B. On July 1, 2004, the Defendant, implementing the interim settlement of retirement pay and the annual salary system, conducted the interim settlement of retirement pay for the period of work by the Plaintiffs and June 30, 2004, and from July 1, 2004 every year.

7. 1. The annual salary system was concluded on a yearly basis.

The main contents of the contract for the annual salary system are that the sum of the basic annual salary and the allowances shall be paid as annual salary and the 12-minute amount (hereinafter referred to as "monthly amount of the basic annual salary") shall be paid on the 25th of each month, and the amount equivalent to the monthly amount of the basic annual salary shall be paid as retirement pay at the time of the expiration of the contract (six months each year)

C. From July 1, 2009, the Defendant, who carried out the retirement pension system, did not directly pay the Plaintiffs retirement benefits each year, carried out the retirement pension system, which was paid by joining the pension to the future deposit securities company as a pension, and the average wage necessary for the payment of retirement benefits was calculated based on the total amount of the basic annual salary (=basic salary bonus) extension allowances and monthly rent allowances.

Accordingly, the Plaintiffs received from the Defendant each year money in the name of retirement allowances calculated on the basis of the average wage calculated as above.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 16, Eul evidence Nos. 1 through 16, 18, 21 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1 is that the defendant has continuously and regularly paid field allowances to the plaintiffs, and thus field allowances are the basis for calculating average wages.