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(영문) 서울중앙지방법원 2018.08.28 2018나4108
퇴직금 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows. The plaintiff's assertion that the plaintiff emphasizes or added to this court is identical to the ground of the judgment of the court of first instance, except for the addition of "3. Additional Judgment", thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

2. On No. 6 of the judgment of the court of first instance, the part to be dismissed is as follows: "Therefore, the plaintiff's assertion on a different premise shall not be accepted."

In other words, the following circumstances that can be seen in light of the foregoing facts and the purport of the entire argument in the statement of Nos. 8 and 9 concerning this case: ① The plaintiff confirmed in advance the criteria for the implementation of voluntary retirement according to the official document of this case and confirmed the special retirement amount to be paid to him/her several times; ② In light of the above criteria for the implementation of voluntary retirement, the plaintiff could have sufficiently known that the above money was reduced to 50% according to the standards for the implementation of voluntary retirement; ③ Nevertheless, the plaintiff agreed that he/she did not raise any objection against all measures related to the special retirement.

In light of the fact that the Plaintiff prepared and submitted the instant written pledge of this case, and (4) the Plaintiff retired desired on January 22, 2017 and received only the amount reduced by 50% on February 3, 2017 as a special retirement allowance, but did not immediately raise an objection, the agreement on the institution of this case is valid as it was made on the basis of the Plaintiff’s free will, and thus, the Plaintiff’s assertion contrary thereto is without merit.

3. The Plaintiff’s additional determination does not affect the Plaintiff’s agreement on the amount of the retirement allowance, as well as the validity of the Plaintiff’s agreement on the disposition of the amount of the retirement allowance.

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