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(영문) 서울고등법원 2019.11.05 2017나2031416 (1)
임금
Text

1. The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendant is against the plaintiffs.

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except where the relevant part of the judgment of the court of first instance is examined as follows. Thus, this case is quoted by the main sentence of Article 420 of the Civil Procedure Act.

[Judgment of the Supreme Court Decision 2015Da75179 Decided May 10, 2019 and Supreme Court Decision 2016Da56045, 56052 (combined), 56069 (Joint), 56076 (Joint), and 56083 (Joint) Decided May 10, 2019). The Defendant’s argument regarding ordinary wages and good faith cannot be accepted in light of the foregoing Decision. In Chapter 8, the “attached sheet” in Annex 14 is deemed to be “a table of the cited amount of this Decision”.

Part 8: Not more than 16 shall be cut up to as follows:

"Therefore, the defendant is obligated to pay to the plaintiffs the amount of money stated in the "amount of discount" in the attached Form No. 1 to each of them, and to pay damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from January 1, 2015 to October 28, 2015, which is the delivery date of a copy of the complaint in this case, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment."

2. In conclusion, since the plaintiffs' claims, including the claims extended in the trial, are all well-grounded, the plaintiffs' incidental appeal shall be accepted and the judgment of the court of first instance shall be modified as ordered.

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