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(영문) 서울남부지방법원 2011.05.26 2010재나128

퇴직금

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Determination of the original judgment

A. On November 15, 2002, the Plaintiff served as a taxi driver from the Defendant Company and retired from office on February 28, 2006, the Plaintiff filed a suit against the Defendant Company with the Seoul Southern District Court for retirement allowance of KRW 903,29, bonuses of KRW 86,300, annual salary of KRW 327,990, annual salary of KRW 67,000, annual salary of KRW 67,000, annual salary of KRW 150,963, annual salary of KRW 2,535,552, and delay damages of KRW 2,53,00,000 (the Defendant paid KRW 1,545,953 and delay damages to the Plaintiff). On October 31, 2007, the Plaintiff was sentenced to the judgment of the court below.

B. On January 22, 2009, both the plaintiff and the defendant appealed against the above judgment, and on the grounds that "the first instance judgment is modified as follows. The defendant paid KRW 918,033 and delay damages to the plaintiff (the Seoul Southern District Court Decision 2007Na13003, hereinafter "the review judgment") was sentenced (the plaintiff reduced the purport of the above claim and appeal in the appellate court). On February 3, 2009, the plaintiff was served with the original copy of the judgment subject to review on February 9, 2009, and on February 9, 2009, the court appealed on the ground that "the review is unfair and unfair, and the leave allowances should be revoked because it does not comply with the calculation method of the Ministry of Labor and the collective agreement, and thus, the Supreme Court dismissed the above appeal on May 28, 2009."

(Supreme Court Decision 2009Da16391). [Reasons for recognition] Facts that are significant facts to this court and have no dispute

2. The Plaintiff asserts that the judgment subject to review constitutes “when the judgment was omitted with respect to important matters affecting the judgment” under Article 451(1)9 of the Civil Procedure Act, on the grounds that there were errors in the calculation method of retirement allowance, omissions and calculations in the calculation process of leave allowances.

3. A lawsuit for retrial shall be brought within 30 days from the date the party concerned becomes aware of the grounds for retrial after the judgment became final and conclusive, and Article 456 of the Civil Procedure Act.