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(영문) 서울남부지방법원 2013.08.22 2013재나37

임금

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Determination of the original judgment

A. On November 15, 2002, the Plaintiff served as a taxi driver from the Defendant Company and retired from office on February 28, 2006, the Plaintiff filed a lawsuit against the Defendant Company seeking payment of retirement allowances, bonuses, annual monthly allowances, leave allowances, etc. (2006 Ghana 172083) with the Seoul Southern District Court (hereinafter “Seoul Southern District Court”). On October 31, 2007, the Plaintiff was sentenced to the judgment that “the Defendant shall pay the Plaintiff KRW 1,545,953 and its delay damages.”

B. On January 22, 2009, both the plaintiff and the defendant appealed against the above judgment, and on the grounds that "the first instance judgment is modified as follows. The defendant paid KRW 913,033 and damages for delay to the plaintiff" (the plaintiff has reduced the purport of the above claim and appeal in the appellate court). (The plaintiff was served with the original copy of the judgment subject to a retrial on February 3, 2009, and on February 9, 2009, the Supreme Court dismissed the above appeal on May 28, 2009, on the grounds that "the retrial judgment is not in compliance with the calculation method of the Ministry of Labor and the collective agreement, and it is necessary to revoke unfair leave allowances due to omission or error in calculation."

(Supreme Court Decision 2009Da16391). [Reasons for recognition] / [The fact, absence of any dispute, the purport of the entire pleadings

2. The Plaintiff asserts that the judgment subject to a retrial constitutes “when the judgment was omitted in the judgment” under Article 451(1)9 of the Civil Procedure Act, on the grounds that there were errors in the calculation method of retirement allowance, omissions and errors in calculation of leave allowances.

3. A lawsuit for retrial shall be filed within 30 days from the date the party concerned becomes final and conclusive, and the above period is a peremptory term (Article 456(1) and (2) of the Civil Procedure Act), and the Plaintiff.