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(영문) 부산고등법원(창원) 2017.08.17 2017나189

임금 등

Text

1. The part of the claim for wages ordered by this court prior to the remanding of the case is KRW 225,864,238 against the Plaintiff A.

Reasons

1. Scope of trial of this court after remand;

A. The proceedings of the instant case are as follows.

1) As stated in the attached Table, the Plaintiffs filed a claim for the unpaid wages in addition to the compensation as stated in the original purport of the claim, and the first instance court partially accepted the Plaintiffs’ claim and dismissed the claim for additional compensation. 2) The Plaintiffs filed an appeal against the part against the Plaintiffs among the judgment of the first instance court, and the purport of the Plaintiffs’ appeal before remand is as follows.

The part against the plaintiffs falling under the following order of payment among the judgment of the first instance shall be revoked. The defendant shall be the amount calculated by subtracting the amount cited by the first instance court from the original claim of the first instance.

The purport of the remaining plaintiffs' appeal is also same.

() The Defendant filed an appeal against the part of the first instance judgment against the Defendant regarding the Plaintiff’s claim for wages of KRW 229,893,596, Plaintiff D’s KRW 236,640,300, and Plaintiff E’s KRW 194,201,902 and each of the said payments, which is calculated at the rate of 20% per annum from December 24, 2014 to the date of full payment.

The purport of appeal by the defendant in this court before the remand is as follows:

In the judgment of the first instance against the defendant in the judgment against the defendant in the judgment against the plaintiff A, B, and C, the part regarding "the difference between weekly holidays calculated as ordinary wages, weekly paid allowances for workers' day, and paid allowances for workers' day" shall be revoked, and the above plaintiffs' claims corresponding to the revoked part shall be dismissed. 3) The court prior to the remanding part of the judgment rendered a modified judgment that partly accepted the claims for wage and additional compensation as shown in the attached Table. The order of the court prior to the remand is as follows. The judgment of the first instance, including the plaintiffs' claims extended at the trial, shall be modified

1. As to ① Plaintiff A’s KRW 33,437,196 and KRW 190,400,875 among them, the Defendant shall start from August 21, 2015.