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(영문) 서울고등법원 2020.02.07 2018나2004978

임금

Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows.

The defendant.

Reasons

1. The defendant's ground of appeal citing the judgment of the court of first instance is that bonuses, monthly suspension from office, and internal evaluation pay do not constitute ordinary wages.

This is not different from the argument in the first instance court, and in full view of the evidence submitted to the first instance court and this court, the fact-finding and judgment in the first instance court on this issue are recognized as legitimate.

Meanwhile, although the Plaintiffs filed an appeal on the grounds that the basic welfare points constitute ordinary wages, the Plaintiffs’ claim was withdrawn in this court, and expanded the period of calculation of each of the instant allowances by including bonuses, monthly suspension of duty, and internal evaluation pay into ordinary wages.

Therefore, the court's explanation on the instant case is identical to that of the judgment of the first instance, except for partial dismissal as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

As the plaintiffs extended the time limit for request for each of the instant allowances in this court, each of the “from March 2014 to March 2017” in the 7th 3th 15th 9th am “from March 2014 to September 2019.”

The “Plaintiff 121 J” in Note 7 of each Note 3 is deemed to be “Plaintiff 120 J,” and “Plaintiff 124 K” to “Plaintiff 123 K,” respectively.

The 6th parallel of conduct in the 12th place shall be regarded as "performance".

The term "paid allowance (in the case of bonus), unpaid allowance (in the case of monthly suspension), unpaid allowance (in the case of monthly suspension), and internal evaluation of unpaid allowance" in the attached Form 21, the term "personal allowance" in the attached Form 21, and the term "amount of stamp" in the attached Form 1-2 in the attached Form 1-2 in the attached Form 16. The term "amount of stamp" in the attached Form 2 shall be read as "amount of claim", respectively, and the term "amount of stamp" in the attached Form 2 in the attached Form 1-2. The plaintiff's assertion" in the attached Form 5 in the 16th is read as "the defendant's assertion". The "legal allowance" in the second sentence of the attached Table 17 shall be read as "legal allowance".

The 18th parallel 16 to 19th parallels are as follows.

Therefore, the defendant.