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(영문) 대전고등법원 2018.05.10 2017누14715
체당금지급사유 확인불가통지 취소청구의 ?
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for the dismissal or addition of the following parts as set forth in paragraph (2). Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(The grounds alleged by the plaintiff in this Court are not significantly different from the contents claimed by the plaintiffs in the first instance court, and even if all the evidence submitted in the first instance court are examined, the fact-finding and the determination of the first instance court are justified). 2.

A. On the 6th page 3 of the judgment of the court of first instance, the term “work route” in the part written after dismissal is turned into “work route”.

In addition, the first instance court's 6th 10th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

Even if S Co., Ltd. paid the Plaintiffs wages containing money in the name of retirement allowance according to the retirement allowance division agreement, as seen earlier, money in the name of the above retirement allowance does not constitute wages paid as compensation for work, and thus cannot be included in calculating retirement allowances as alleged by the Plaintiffs, and rather constitutes unjust enrichment that the Plaintiffs should return to S Co., Ltd.

On the other hand, when comprehensively considering the evidence and the overall purport of the arguments as seen earlier, namely, ① the time when the plaintiffs received and proposed the above receipt from T, 50,000,000 won, the plaintiffs, after withdrawal from S Co., Ltd., filed a complaint against S on the ground of the payment of retirement allowances to the defendant.

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