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(영문) 부산고등법원 2020.01.15 2019나54422
임금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. As to the part against the Plaintiff (based on principal) out of unpaid wages, loans, or unlawful gains (based on principal 234,102,755 won) in the judgment of the court of first instance, the Plaintiff appealed as to the part against the Defendant out of the unpaid wages and retirement allowances (based on principal 230,298,431 won). The Defendant appealed as to the part against the Defendant out of the unpaid wages and retirement allowances from the judgment of the court of first instance. The Plaintiff’s withdrawal of the claim through the submission and statement of the application for change of the purpose of the claim and the cause of the claim made on December 13, 2019, reduced the purport of the claim by changing the initial date of calculating the accrued amount of accrued wages, loans, or unlawful gains into December 8, 2015, and expanding the purport of the claim. As such, the scope of the judgment of the original court shall be the part of the original judgment on unpaid wages, loans, or unlawful gains (based on principal 296,826,08 won).

2. The reasoning of the court of first instance is as follows: ① The part concerning the plaintiff’s claim for retirement allowance in the judgment of the court of first instance (Article 2-2(b) and 3-2(b) is deleted; ② the relation between the plaintiff as the chairperson of the promotion committee of this case and the plaintiff as the chairperson of the promotion committee of this case constitutes a delegation relation under the Civil Act on the management of certain business affairs of the promotion committee of this case, and ② Article 19 of the operating rules of the promotion committee of this case provides that “The promotion committee of this case shall not pay remuneration to non-standing members (Article 19(1)); and the promotion committee provides that “The promotion committee shall pay remuneration to full-time members and paid employees.” In this case, the payment rules provide that “The consent of the resident general meeting shall be obtained (Article 2(2)).” ③ On the other hand, the relationship between the plaintiff as the chairperson of the promotion committee of this case and the promotion committee of this case constitutes a delegation relation under the relationship of delegation under the Civil Act on certain business affairs of the promotion committee.

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