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(영문) 부산고등법원 2021.01.20 2020나54435

약정금

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and the appeal.

Reasons

The contents asserted by the Plaintiffs following the judgment of the first instance court to this court are considerably different from the allegations in the first instance court. Even if the first instance court duly adopted and examined the evidence, a thorough examination of additional evidence was conducted in this court, and the following circumstances acknowledged by the whole purport of the aforementioned evidence and arguments are insufficient to acknowledge “unconditionable monetary payment agreement against the Plaintiffs” even if all the evidence submitted by the Plaintiffs, such as ① the materials supporting the wage avoided (Evidence No. 1) and the labor-management agreement (Evidence No. 2), etc. adopting the wage avoided (Evidence No. 1), are all combined, and there is no evidence to acknowledge otherwise. If the agreement was concluded between the Plaintiffs and the Defendant to the effect that “the Plaintiffs are paid in installments the wage reduced in the amount of wage payment in the form of a professional contract after retirement,” the Plaintiffs cannot claim the amount equivalent to the above wage as agreed amount solely on the ground that the Plaintiffs submitted the above statement of intent to reduce the wage amount to the Defendant’s labor union’s labor contract, but the Plaintiffs cannot be viewed to have agreed to the effect that the above labor contract was null and void.

It is not sufficient to recognize it, and there are other evidences to recognize it.