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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The relation 1) The Plaintiff and the Defendant Company are the Defendant Company (hereinafter “Defendant Company”) or the Defendant Company on January 18, 1988.
A) A member who joined the company and sells an automobile, and from October 17, 1997, the head office B of the Defendant Company’s Gyeonggi-gu Regional Headquarters B (hereinafter “the branch of this case”).
(2) In accordance with Article 104(2)3 of the collective agreement of the Defendant Company, the Plaintiff, who had been scheduled to retire on a long-term basis for at least 20 years, was paid a paid leave of absence from November 4, 2013 to November 14 of the same month, and from the 20th day of the same month to the 29th day of the same month. The Plaintiff was employed as a contractual employee of the Defendant Company from the retirement date of December 31, 2013 to the 2014. (b) The Plaintiff was paid monthly to the Plaintiff (i) the basic salary, etc., regardless of the number of automobile sales (hereinafter “instant fixed salary”), and (ii) the sales allowance, such as class allowance, credit ability allowance, promotion subsidy, and sales change (hereinafter “instant wage”).
In addition, the plaintiff received annual monthly allowances once a year, and received regular bonuses.
2) The Plaintiff’s monthly sales performance from 2011 to 2013 are as listed in attached Table 1. The Plaintiff’s fixed benefits from December 2012 to December 2013 and the instant changed benefits are as listed in attached Table 2. 3) The collective agreement and the rules of employment of the Defendant Company relating to retirement allowances are as follows.
Article 60 (Retirement Allowances) (1) A company shall pay retirement allowances according to the accumulated contribution system specified in this Convention according to the number of years of continuous service when a member retires after his/her continuous service for at least one year.
Provided, That for a fraction less than one year, it shall be paid on a daily basis.
(2) A company shall have served for at least five years.