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(영문) 부산고등법원 2021.01.13 2019나50260

임금등

Text

1. Each of the plaintiffs and the defendant's appeals listed in the [Attachment 1] List Nos. 1, 4, 5, 6, 8, 9, 11, 12, and 15 are all filed.

Reasons

The contents asserted by the appellant of the judgment of the first instance after the judgment of the first instance are considerably different from the allegations in the first instance court. However, examining the evidence duly adopted and examined by the first instance court and the evidence added in this court closely, it is acceptable to acknowledge and determine the facts of the first instance court as legitimate.

Therefore, this court's reasoning is as stated in the reasoning of the judgment of the court of first instance, except for the partial completion of the reasoning of the judgment of the court of first instance as stated in paragraph (2). Thus, this court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The provisions of the 11th sentence of the judgment of the court of first instance shall be followed from the last 11th through the 12th sentence as follows.

According to the evidence evidence evidence evidence No. 2 of this case, the Rnoh and the Defendant prepared a “the calculation formula” containing “the calculation formula” with respect to basic pay, work allowances, extension allowances, and night allowances, but it is difficult to view it as the calculation formula of allowances according to working hours in light of the content and form of the said calculation formula and the payment method of route allowances as seen earlier.

"The allowances for service route have been calculated on the basis of 209 hours a month," of the 12th page No. 13 and 14 of the judgment of the first instance court, "The allowances for service on board have been determined to be paid for the standard hours of service."

The actual contents of the judgment of the court of first instance are as follows: "Monthly Route Allowances" No. 14, 15 of the 12th page No. 12 of the judgment of the court of first instance shall be determined as "monthly Route Allowances".

The actual tax rate shall be 209 hours "209 hours" of 15 pages 15 of the judgment of the first instance.

The actual contents of the 15th sentence of the judgment of the court of first instance shall be "under the wage agreement of this case," "in accordance with the wage agreement of this case, including legal allowances".

The actual contents of the judgment of the court of first instance shall consist of the 16th page "amount of award" in the 13th page of the judgment of the court of first instance as "amount of award".

In conclusion, the judgment of the first instance is legitimate, and therefore, the No. 1, 4, 5, 6, and 6 of the Plaintiff’s list No. 1.