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(영문) 인천지방법원 2017.12.13 2016나64541

퇴직위로금에 대한 약정금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The total cost of a lawsuit shall be borne individually by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the allegations emphasized by the plaintiffs in this court, and thus, it is acceptable in accordance with the main sentence of Article

2. Additional determination

A. The plaintiffs' assertion 1) notified the defendant of the amount of retirement consolation benefits scheduled to be paid at the time of the guidance of this case, and the plaintiffs expressed their desired retirement intent accordingly, so there was a mutual agreement between the plaintiffs and the defendant about the payment of retirement consolation benefits according to the guidance of this case at the time of voluntary retirement. In addition, even though there was no agreement between the plaintiffs and the defendant, the plaintiffs knew that the amount of retirement consolation benefits notified was paid to the defendant and expressed their desired retirement intent, which is the declaration of intent by mistake of motive, and the mistake is an important part of the contents of the juristic act, and thus, the plaintiffs' voluntary retirement application is an act or invalid act that can be revoked.

3) Therefore, in light of the following circumstances, the defendant is obligated to pay the plaintiffs the remaining amount after deducting the already paid amount from the amount equivalent to retirement consolation benefits under the guidance of this case. (b) In light of the evidence duly adopted and investigated by this court at the first instance court, and the overall purport of the evidence and arguments duly adopted and investigated by this court, it is insufficient to recognize that the written evidence of subparagraphs 1 through 10 (including the number of each evidence) submitted by the plaintiffs was concluded by the plaintiffs to the effect that the defendant would pay retirement consolation benefits to the plaintiffs when they retire desired between the plaintiffs and the defendant, and there is no other evidence to support this otherwise, so the agreement between the plaintiffs and the defendant on the total amount of retirement consolation benefits was reached.