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(영문) 대법원 2017.05.30 2017다217892
퇴직금 청구
Text

All appeals by Defendant D are dismissed.

All appeals by Defendant C Co., Ltd. are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

1. As to the appeal by Defendant D, since the appeal is to seek revocation or alteration of the judgment disadvantageous to himself/herself against his/her disadvantage, the appeal against the judgment in favor of his/her original case shall not be permitted as there is no target or interest to file an appeal

(See Supreme Court Decision 9Da61378 delivered on June 14, 2002, etc.). According to the reasoning of the judgment of the court below, the plaintiffs appealed against the judgment of the court of first instance that all of the plaintiffs dismissed their claims against Defendant D, but it is evident that the court below dismissed all of the appeals. Thus, the appeal filed by Defendant D who won the whole winning case is unlawful as there is no benefit in the appeal.

2. The grounds of appeal by Defendant C Co. (to the extent of supplement in case of supplemental appellate briefs not timely filed) are examined.

The judgment below

Examining the reasoning of the record in light of its reasoning, the court below was justified in holding that there was an agreement on the payment of retirement allowances with the purport that the plaintiffs shall pay the average wages of 30 days, such as the retirement allowance per year under the former Labor Standards Act or the Act on the Guarantee of Workers' Retirement Benefits, when they were employed by Defendant C Co., Ltd. for the following reasons:

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles on the probative value of a final and conclusive criminal judgment beyond the bounds of logical and empirical rules and free evaluation of evidence.

3. Therefore, the appeal by Defendant D is all dismissed, and all appeals by Defendant C Co., Ltd. are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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