임금
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1. Following the confirmation of the judgment subject to a retrial is remarkable or certain in the records in this court. A.
The Plaintiff, from November 15, 2002 to February 28, 2006, filed a lawsuit against the Defendant Company seeking the payment of retirement allowances, bonuses, annual monthly allowances, leave allowances, etc. with the Seoul Southern District Court Decision 2006 Ghana172083, which rendered a judgment that “the Defendant shall pay to the Plaintiff KRW 1,545,953 and its delay damages to the Plaintiff” on October 31, 2007.
B. On January 22, 2009, both the plaintiff and the defendant appealed as Seoul Southern District Court 2007Na13003, and on January 22, 2009, the Seoul Southern District Court rendered a judgment that "the first instance judgment is modified as follows. The defendant shall pay to the plaintiff KRW 913,033 and its delay damages (hereinafter referred to as "the judgment on review")."
(The plaintiff reduced the purport of the above claim and appeal by the appellate court).
On February 3, 2009, the Plaintiff served an authentic copy of the judgment subject to a retrial, and on February 9, 2009, the judgment subject to a retrial became final and conclusive by the Supreme Court dismissed the Plaintiff’s appeal on May 28, 2009, on the ground that “The judgment subject to a retrial is unfair and unreasonable since it does not comply with the calculation method of retirement allowances of the Ministry of Labor and the collective agreement, and thus, the allowance for leave should be omitted or erroneous.”
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. An action for retrial shall be brought within 30 days from the date the party concerned becomes aware of the grounds for retrial after the judgment becomes final and conclusive, and the above period shall be the same.