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(영문) 대구지방법원 2015.01.22 2014나15130

임금 등

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On December 1, 1979, the Defendant was a nonprofit corporation established pursuant to the Community Credit Cooperatives Act. On December 1, 1993, the Plaintiff, who was employed for B Co., Ltd. (former Co., Ltd.) on December 1, 1979, was discharged from employment as the Defendant, who was a workplace community credit cooperative of B Co., Ltd., and was in general in charge of overall overall management

B. The Defendant’s board of directors decided to dismiss the Plaintiff on October 10, 201, and the Defendant notified the Plaintiff of the above disciplinary action (hereinafter “instant dismissal disposition”) on October 21, 201 with the approval of the chief of the regional headquarters of the community credit cooperatives (Seoul).

C. On October 18, 2012, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of invalidity of the instant removal disposition against the Daegu District Court Branch Branching 201Gahap2475, and the said court rendered a favorable judgment against the Plaintiff that confirmed the invalidity of the instant removal disposition.

Accordingly, the Defendant appealed to the Daegu High Court No. 2012Na6067, but was sentenced to the dismissal of appeal on July 3, 2013, and again appealed to the Supreme Court No. 2013Da60203, but the Supreme Court sentenced the dismissal of appeal on October 11, 2013, and the above judgment became final and conclusive around that time.

On November 18, 2013, the Plaintiff urged the Defendant to pay 140,193,974 won unpaid wages and retirement allowances for the period of removal (from October 21, 2011, which was the date of the removal from office in this case to December 31, 2012, which is the date of the Plaintiff’s retirement). The Defendant settled the unpaid wages and retirement allowances for the period of removal as KRW 124,70,324, and paid them to the Plaintiff.

【Fact-finding without a dispute over the grounds for recognition】 The entries in Gap evidence 1-1, 2, 2-1 and 2-2, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff asserted that the removal disposition in this case is null and void, and thus, the Plaintiff could have received from October 21, 201 to December 31, 201, the date of the Plaintiff’s retirement from October 21, 201, which is the date of the Plaintiff’s retirement from December 31, 2012, and salary grade 1 (3.8%) and salary grade 2 annually.

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