A. The Defendant is a company that manufactures and sells two-wheeled automobiles and their related parts, and the Plaintiffs are the employees dismissed on November 30, 2009 while working for the Defendant company, and are members of the Korea Metal Trade Union Gyeong-nam Branch (hereinafter “instant trade union”).

B. On October 30, 2009, the Defendant reported a report of dismissal plan for managerial reasons to the creative branch of the Busan Regional Labor Agency, and on November 30, 2009, on November 30, 2009, 12 employees 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 from Busan High Court (Chowon) No. 2012Na894, and the above court accepted the appeal from the Plaintiff et al. on January 24, 2014, and revoked the first instance judgment and rendered a judgment accepting the Plaintiff et al.’s claim. On December 24, 2014, the Defendant’s final appeal was dismissed 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 the amount corresponding to the principal salary (basic salary and salary) out of the wages in January and February 2015.

F. Meanwhile, the Plaintiffs engaged in another workplace after the instant layoff to the time of reinstatement to the Defendant Company, and obtained each corresponding money in the “total amount of intermediate income” column in the attached Table 3 attached hereto, and each corresponding money 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.

[Reasons for Recognition]