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(영문) 서울고등법원 2019.11.05 2017나2031386 (2)
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 the good faith principle cannot be accepted in light of the foregoing Decision. The “attached sheet” in Chapter 3 of this Decision is deemed to be “a table of the amount cited in Annex 2”.

Part 10, Chapter 5 shall be cut up to as follows:

Therefore, the defendant is obligated to pay to the plaintiffs each amount stated in the attached Form 2 "amount of discount" and each amount of delay damages calculated at the rate of 6% per annum prescribed by the Commercial Act from January 1, 2014 to the day immediately preceding the relevant day and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

A person shall be appointed.

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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