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(영문) 서울고등법원 2020.01.10 2019나2014446
임금
Text

1. The judgment of the first instance, including the Plaintiff’s claim changed in the trial, shall be modified as follows:

Defendant.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: “for three months,” the “Article 538 of the Civil Act” of the first instance judgment No. 5-16, 17 of the first instance court’s “for three months,” and “the wages calculated at the rate of KRW 3 million per month until the first day of November 30, 2019, when the plaintiff is reinstated or when the term of the labor contract of this case expires” of the third and fourth instances “the wages calculated at the rate of KRW 3 million per month from the first day of November 30, 2019, which is the expiration date of the labor contract of this case, shall be determined at the rate of KRW 78 million per month from November 30, 2019 (i.e., the total amount of KRW 3 million x 26 months) and damages for delay” of the first instance court’s “the additional payment of KRW 501,500,000,000,000.”

2. Determination on addition

A. As examined in the above cited part of the judgment as to the grounds for appeal of this case, it cannot be deemed that the dismissal disposition of this case is "a compelling reason" as stipulated in Article 61 of the Civil Act, and the defendant's testimony based on the written evidence No. 5, No. 5, and No. 8, or video or video or the defendant's motion is insufficient to reverse the factual recognition or judgment in this part related to the above cited part. Thus, the defendant's assertion as to the grounds for appeal against this point is rejected.

B. On March 12, 2019, the following: (a) the judgment on the additional assertion, claim, etc. of the trial; and (b) the purport of the entire argument in the statement in the evidence No. 6, the Defendant’s obligation to pay wages by the time of reinstatement according to the contents of the judgment in favor of the Plaintiff in the first instance.

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