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(영문) 부산고등법원 2021.01.13 2019나50239
임금 등
Text

1. Each of the plaintiffs and the defendant's appeals listed in the [Attachment 1] Nos. 1 through 11, 13, 17, 19, 20, and 21 of the plaintiff's list are all filed.

Reasons

The contents asserted by the appellant of the judgment of the first instance after the judgment of the first instance are considerably different from the allegations in the first instance court. However, examining the evidence duly adopted and examined by the first instance court and the evidence added in this court closely, it is acceptable to acknowledge and determine the facts of the first instance court as legitimate.

Therefore, this court's reasoning is as stated in the reasoning of the judgment of the court of first instance, except for the partial completion of the reasoning of the judgment of the court of first instance as stated in paragraph (2). Thus, this court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The provisions of the Section 1, 13, 12, 14, 3, 14, 13, 13, 13, 13, 14, shall be applied as follows.

According to the evidence evidence No. 4, “AA’s union and the Defendant drafted a “the calculation formula” containing “the calculation formula” with respect to basic pay, work allowances, extension allowances, and night allowances, but it is also difficult to view it as the calculation formula of allowances according to working hours in light of the content and form of the said calculation formula and the payment method of route allowances as seen earlier.

'The actual accounts for the 14th page No. 4 and 5 of the first instance judgment, "The route allowances were calculated on the basis of 209 hours of service per month, so the allowances for service on board are determined to be paid for the standard hours of service."

The actual contents of the judgment of the court of first instance are as follows: 5 and 6 on the 14th page of the judgment of the court of first instance, "monthly route allowances" shall be as "monthly allowances".

According to the 16th sentence of the judgment of the court of first instance, the "209 hours" in the 3th sentence shall be applied as "152 hours".

According to the 16th sentence of the judgment of the court of first instance, the 2nd sentence “in accordance with the wage agreement of this case” was followed as “including legal allowances in accordance with the wage agreement of this case.”

The actual contents of the judgment of the court of first instance shall be conducted by adding the "amount of award" in the 18th page No. 4 of the judgment of the court of first instance to the "amount of award".

In conclusion, the judgment of the court of first instance is legitimate, and it is a list of plaintiffs 1.

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