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(영문) 대전고등법원 2016.01.14 2015나500
임금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant (attached Form) shall be the defendant's list of claims by plaintiff.

Reasons

1. On the premise that this part of the factual basis is to be used by the court, the reason why this part of the facts is presumed is that the “regular bonus” of the attached Form 3 “the details of the unpaid statutory allowances” is “the “regular bonus” of the attached Table 3,” and the part of the judgment of the first instance except that the “basic facts” of the judgment of the court of first instance is to be changed to “the “number of regular bonuses” of the file of the annexed Table 3 “the annexed Table 3,” and the part of the attached Forms 1 and 2 “the details of the unpaid statutory allowances” as “the extended allowances,” “the late-time leave allowances,” “day-time leave allowances,” “the late-time leave allowances,” “the late-time leave allowances,” “the late-time leave allowances,” “the late-time leave allowances,” “the late-time leave allowances,” “the next-time leave allowances,” and “the next-time allowances” as they are stated in the main sentence of Articles 10 through 10 of the Civil Procedure Act.

2. As to the cause of claim

A. The Plaintiffs’ assertion of the instant regular bonus constitutes ordinary wages.

Nevertheless, without reflecting a regular bonus in ordinary wages, the Defendant calculated and paid the statutory allowances, such as the Defendant’s wage provision and the ordinary wage allowance from August 2010 to December 2013 (hereinafter “instant request period”) and the Plaintiffs, such as the ordinary day extension allowance, the ordinary day night allowance, the holiday holiday allowance, the holiday extended allowance, the holiday night allowance, and the annual holiday allowance (hereinafter “instant statutory allowances”), and calculated and paid the interim retirement allowance to the Plaintiffs other than the Plaintiff A, B, C, and D (hereinafter “the Plaintiffs who received the interim retirement allowance”).

Therefore, the defendant shall pay the difference between the above statutory allowances already paid from the statutory allowances of this case, which was determined based on the ordinary wages reflecting the regular bonus of this case, to the plaintiffs, and shall receive the interim retirement allowances.

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