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(영문) 서울고등법원 2018.03.30 2017나2059957

임금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. In the first instance court subject to the judgment of this court, the Plaintiffs primarily claimed unpaid wages and damages for delay on the premise that “the night holiday work is a provision of ordinary labor,” and as a preliminary claim, unpaid wages and damages for delay on the premise that “the night holiday work is not recognized as a provision of ordinary labor.”

The first instance court accepted all the main claims of Plaintiffs A, B, E, F, and G, and dismissed the rest of the main claims of Plaintiffs C, D, and H by accepting some of the main claims of Plaintiffs C, D, and H.

(Preliminary Claim was not determined separately). Accordingly, the Defendant appealed against the part of the first instance judgment against the Defendant.

Therefore, the remaining part of the judgment of the court of first instance excluding the part of the judgment against the plaintiff C, D, and H with respect to the primary claim is subject to the judgment of the court of first instance.

2. The reasoning of the judgment of the court of first instance cited in this case is the same as the reasoning of the judgment of the court of first instance, except for dismissal or supplement as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The height of the judgment of the first instance is the fourth 8th "six persons" of the fourth 8th of the judgment of the second instance to approximately nine.

The fourth 11-13th th th th th th th [th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th.).