임금 등
1. The judgment of the first instance court, including the plaintiffs' claims expanded in the trial room, shall be modified as follows.
The defendant.
1. Facts of recognition;
A. The Defendant is a company that manufactures and sells two-wheeled automobiles and related parts, and the Plaintiffs are members of the Gyeong-nam Branch of the Korea Metal Trade Union, which was dismissed on November 30, 2009 while employed for the Defendant company.
B. On October 30, 2009, the Defendant reported a plan for dismissal for managerial reasons to the Changwon District Office of Busan, and on November 30, 2009, on November 30, 2009, 48 workers including the Plaintiffs were dismissed (hereinafter “instant layoff”).
C. At the time of the instant layoff, the Defendant paid to the Plaintiffs each corresponding amount stated in the “pre-determination allowance” column of attached Table 3 as the pre-announcement allowance.
On March 5, 2010, 12, including the Plaintiffs, filed a lawsuit against the Defendant seeking confirmation of invalidity of the dismissal of the instant layoff as the Changwon District Court 2010Gahap2176, but was ruled against the said court on January 12, 2012.
Accordingly, the Plaintiff et al. appealed as Busan High Court (Chowon) 2012Na894, and the above court accepted the appeal by the Plaintiff et al. on January 24, 2014, and rendered a judgment revoking the first instance judgment and accepting the Plaintiff et al.’s claim. On December 24, 2014, the Defendant’s appeal was dismissed by Supreme Court Decision 2014Da13556, and the said judgment became final and conclusive.
E. On February 27, 2015, the Plaintiffs were reinstated to the Defendant Company, and the Defendant paid the Plaintiffs money equivalent to the principal salary (basic salary and allowances) out of the wages in January and February 2015.
F. Meanwhile, the Plaintiffs engaged in the other workplace after the instant layoff to the time of reinstatement to the Defendant Company, and obtained each corresponding amount of income stated in the “total amount of intermediate income” column in the attached Table 3 attached hereto, and each corresponding amount stated in the “total amount of interim income deduction” column in the attached Table 3 constitutes money exceeding the business suspension allowances under the respective Labor Standards Act.
【Ground of Recognition】 without any dispute, Gap Nos. 1, 2, 9, 10, 11, 24, 34.