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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
A. The judgment of the court of first instance ordering payment in excess of the amount is unreasonable.
However, in light of the purpose of the average wage system that actually reflects the ordinary daily wage as an object of work for a period of exceeding one month, such as bonus, etc., the amount of bonus, etc. paid in several installments per year cannot be included in the total amount of wages for the calculation of the average wage on the ground that such bonus, etc. actually enters the period for the calculation of the average wage. The total annual payment shall be divided into 12 months, and the amount for three months among them shall be included in the average wage (if so, the problem arises that the average wage is significantly higher or smaller than the ordinary wage, depending on when the cause for the calculation of the average wage arises). Accordingly, the calculation of the interim income that should be deducted is as follows.
(Unit) According to the evidence No. 1-1 (No. 202Ga12025 decided Jun. 13, 2013), evidence No. 1-1 (No. 202Ga12025 decided Jun. 13, 2013), and evidence No. 13-3, the Defendant’s average annual salary of 2012 was 6,71,061 won (=80,532,740 won per year, 12 months, less than 12 won, but less than 6,13,183 won (=6,71, 061 won) paid to the Defendant for the immediately preceding three months by the total amount of wages paid to him/her during the period of 3 months multiplied by 30,711,061 won (i.e., total annual salary).
2,251,258 2,680,555 2,251,258 4,697,742 6,949,000 4,753,761,261 and 20,371,122 of the total wage paid to the Defendant for the three immediately preceeding 2,251,258 2,680,555 251,000 won (=6,711,061 x 26,949,00 won) paid to the Defendant for the three immediately preceeding 2,790,374 won (=20,371,122 won/3 months) multiplied by 0.7.
2,195,739 2,680,55 2,195,739 4,753,7613. 6,949,000 4,808,780 for the immediately preceding three months.