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(영문) 서울고등법원 2015.03.25 2013나76231
임금 등
Text

1. The plaintiffs' appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

The reason why the trial court's explanation on this part is the same as that of Paragraph 1 of the reasoning of the judgment of the court of first instance, and therefore, this part is cited by the main sentence of Article 420 of the Civil Procedure Act

The defendant company filed a claim for the unpaid annual salary, etc. with the plaintiffs' primary claim (request based on the premise B of evaluation grade). After the plaintiffs were reinstated, the plaintiffs did not properly restore the plaintiffs to the defendant company by having them perform duties other than those entrusted by the plaintiffs at the time of dismissal. The defendant company issued the AM Business Headquarters as an agent partnership, which is the department that cannot give the plaintiffs' results, or issued it to an area other than the plaintiffs' annual notification. After that, the plaintiffs granted C or D grade which is the lowest evaluation grade for the plaintiffs' performance on the grounds that the plaintiffs failed to pay the results. Accordingly, the plaintiffs' annual salary was decided or reduced each year, and the calculation of the above evaluation grade by the defendant company is unjust and invalid.

If the plaintiffs received a reasonable evaluation from the defendant company as to the plaintiffs' performance of their duties, at least the evaluation grade B is possible, so the defendant company is obligated to pay the plaintiffs' annual salary calculated on the basis of grade B, and performance-based bonuses, annual leave allowances, and school expenses (which correspond to only the plaintiff A, hereinafter the same shall apply) calculated on the basis of such annual salary, annual leave allowances, and school expenses, the sum of the balance obtained by the plaintiffs from the defendant company after deducting the annual salary, performance-based bonuses, annual leave allowances, and damages for delay up to October 31, 2012, as follows

The Plaintiffs filed a claim for A’s retirement pay, etc., received both interim settlement of retirement pay by November 30, 2008, taking into account the living conditions due to the reduction of annual salary and the decline in the average wage due to the reduction of annual salary, by November 30, 2008. The Plaintiffs received the remaining retirement pay upon retirement on March 31, 2012.

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