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(영문) 전주지방법원 2019.11.07 2019나1759
퇴직금 청구의 소
Text

1. All the appeal filed by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim expanded by this court are dismissed.

Reasons

1. The first instance court partly accepted the part of the Plaintiff’s claim for retirement allowance among the Plaintiff’s claim on the principal lawsuit, dismissed the part of the claim on duty and dismissed the Defendant’s counterclaim.

Therefore, since the part of the claim for retirement allowance and the counterclaim are appealed against the defendant, the part of the claim for retirement allowance, which is the part against the defendant, shall be excluded from the scope of the judgment in this Court.

2. The grounds for appeal by the defendant in the judgment of the court of first instance are not significantly different from the allegations in the judgment of the court of first instance. The reasons for appeal by the court concerning this case are ① remove the part at the bottom of the court of first instance 5 through 5, from the bottom of the judgment of the court of first instance. This part of the judgment is as follows: "The defendant, including the monthly salary of the plaintiff during the above service period, totaled 47,091,499 won [=10,237,500 won for the year 2013 x 12,391,666 won for the year 2014 x 8 months x 8 months)" and the part of the judgment of the court of first instance which the defendant did not claim for retirement allowance to the defendant during the above service period of the plaintiff is to return the amount equivalent to the above income tax to the defendant for the period of 12,392,638 won x 12 months x 2016 months x 204,7010.

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