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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On April 16, 2001, the Defendant, who operates the B University, appointed the Plaintiff as an assistant professor of the B University, and dismissed the Plaintiff on September 30, 2002.
B. The plaintiff filed a lawsuit against the defendant to seek confirmation of invalidity of the above removal disposition as the Suwon District Court 2004Gahap12885, 12892 (Joint) and obtained a favorable judgment on October 4, 2005. The above judgment became final and conclusive on November 8, 2006.
C. On March 1, 2007, the Defendant concluded an employment contract with the Plaintiff stating that “from March 1, 2007 to February 28, 2010 during the appointment period, the remuneration shall be KRW 48 million per annual salary, and shall be paid in installments each month at KRW 4 million.”
(hereinafter “instant employment contract”). D.
However, the Defendant did not reinstate the Plaintiff even after the lapse of the period, and the Plaintiff filed a claim for wages with the Seoul Central District Court 201Gahap34502 (hereinafter “relevant case”), stating that “the Defendant shall pay the Plaintiff, the amount of unpaid wages of KRW 62,323,00 from October 13, 2009 to March 31, 201, and the amount of unpaid wages of KRW 400,000 per month from April 1, 2011 to the date when the Plaintiff is reinstated to the teaching position of B University.” On December 21, 2011, the Defendant paid KRW 62,323,000 to the Plaintiff by June 30, 2013, the remainder of the damages for delay calculated by adding the annual interest rate of KRW 20,000 to the unpaid amount.”
E. On October 23, 2012, the Defendant entered into an annual salary contract with the Plaintiff, stating that “from March 1, 2012 to February 28, 2013, the contract period is from March 1, 2012 to February 28, 2013, the Defendant paid annual salary of KRW 24 million to the Plaintiff in 200,000,000 per month, and the Plaintiff entered into a contract with the Plaintiff at least 12 hours per week and 20 hours per week (hereinafter “instant annual salary contract”); and on March 1, 2012, the Plaintiff reinstated the Plaintiff as an associate professor at B University.
F. The term of appointment expires on August 31, 2013.