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(영문) 춘천지방법원 2016.12.16 2016나50102
임금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except in the following cases: (a) the 10th to 11th to 12th to 4th to the judgment of the court of first instance; and (b) therefore, the same shall apply to the reasoning of the judgment of the court of first instance.

2. The part of the Plaintiff’s written consent of mutual aid prepared by the Plaintiff is merely a “written offer to transfer the claim for voluntary retirement consolation benefits to a credit union,” and the Defendant asserts to the effect that the Plaintiff still has a duty to pay the Plaintiff the desired retirement consolation benefits equivalent to the instant loan in accordance with the principle of direct payment of wages.

In light of the following circumstances, it is reasonable to view that the Defendant, instead of the Plaintiff, voluntarily consented to the repayment of the amount equivalent to the Plaintiff’s debt to the Plaintiff’s above union and the deduction of the amount equivalent to the amount from the desired retirement consolation benefits. However, considering the following circumstances, it is reasonable to view that the Plaintiff voluntarily consented to the deduction of the amount equivalent to the amount from the desired retirement consolation benefits.

On a different premise, the Plaintiff’s above assertion cannot be accepted.

① In the event that a company (workplaces and residential stability funds) loan exists, the Defendant issued a written statement of mutual aid to the effect that “if a company (workplaces and residential stability funds) loan exists, the company will repay the full amount and make a week, and the employees who have failed to pay the desired retirement consolation benefits immediately among the applicants for desired retirement, shall prepare a written statement of mutual aid in a separate sheet and publicly announce the form of written statement of mutual aid for retirement consolation benefits on the company’s ledger bulletin board. The Plaintiff submitted the written statement of mutual aid along with the application for desired retirement along with the written statement of mutual aid.

② The Plaintiff is the said partnership.

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