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(영문) 부산고등법원 (창원) 2018.10.18 2018나11421
해고무효확인 등
Text

1. The plaintiff's appeal is dismissed.

2. In accordance with the claims added by this court, the defendant shall

A. 1 3,618.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the judgment on the claim for damages for delay added by the plaintiff in this court, and therefore, it is citing it as it is in accordance with the main sentence of Article 420

2. Judgment on the claim for damages for delay

A. As seen earlier, the Defendant is obligated to pay the Plaintiff KRW 3,618,906 each month from July 1, 2017 to May 31, 2018 of the part claiming damages for delay on wages from July 1, 2017 to May 31, 2018. The fact that the Defendant’s payment date of wages is the 10th day of the following month from the Defendant’s payment date of wages does not conflict between the parties.

Therefore, with respect to the Plaintiff, 3,618,906 won as wages for July 2017, the Defendant calculated at the rate of 6% per annum prescribed by the Commercial Act from August 11, 2017 to September 28, 2017, which is the date following the due date for payment, and at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment; 3,618,906 won as wages for August 11, 2017; 6% per annum from September 11, 2017 to 18; 10.6% per annum from September 28, 2017 to the date of full payment; 10.6% per annum from September 16, 2017 to 10; 10.6% per annum from September 18, 2017 to the date of full payment; 10.6% per annum from 18.

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