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(영문) 서울남부지방법원 2009.12.03 2009재나54

퇴직금

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. Basic facts

A. From November 15, 2002, the Re-Appellant was employed by the re-Defendant company operating passenger transportation business, etc. as taxi driver from November 15, 2002, and was absent without permission on February 21, 2006, and retired from office by submitting a resignation statement on February 28, 2006. The Re-Appellant appears to be a clerical error in the amount claimed as KRW 2,536,082, which is the sum of KRW 903,299, bonuses86,30, annual monthly allowance of KRW 327,990, and KRW 67,000,000, annual allowance of KRW 1,50,963, and the amount claimed as KRW 2,536,082.

On October 31, 2007, the new trial defendant filed a lawsuit claiming damages for delay, and the decision was rendered on October 31, 2007 that the new trial defendant would pay 1,545,953 won and damages for delay to the plaintiff.

(Seoul Southern District Court 2006 Ghana172083).(b)

On January 22, 2009, when the judgment above was rendered, both the plaintiff and the defendant of the retrial filed an appeal, and on January 22, 2009, the defendant of the retrial was declared to pay 918,033 won and damages for delay to the plaintiff of the retrial.

(Judgment of review).

The plaintiff for retrial was served on February 3, 2009 on February 3, 2009, and the following month.

9. The appeal was filed, and the Supreme Court dismissed the appeal on May 28, 2009.

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

2. The Plaintiff asserted that there exists a ground for retrial in the judgment subject to retrial, since the court rendered a judgment subject to retrial, ① did not form a judgment court pursuant to the law (Article 451(1)1 of the Civil Procedure Act), and ② omitted judgment on important matters that may affect the judgment (Article 451(1)9 of the Civil Procedure Act).

3. Under Article 456(1) and (2) of the former Civil Procedure Act, a lawsuit for re-deliberation is to be brought within a peremptory period of 30 days from the date on which a party becomes aware of the grounds for re-adjudication after the judgment becomes final and conclusive (Article 456(1) and (2) of