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(영문) 부산지방법원동부지원 2020.05.26 2018가단221869
임금
Text

1. The plaintiff's claim is dismissed.

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

On October 4, 2019, the Plaintiff at the Gu office was working.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff on the ground that “the Plaintiff, who was ex officio dismissed on July 24, 2015, was reinstated on December 25, 2016 upon the review decision by the National Labor Relations Commission, and paid KRW 77,503,172 from July 25, 2005 to December 25, 2006, the date of reinstatement from July 25, 2006,” but the said review decision was revoked thereafter, on the ground that the said wage that the Plaintiff received from the Defendant became void of legal grounds.”

B. As the above court 2016Gadan15479 (Counterclaim), the Plaintiff asserted that the Defendant had the obligation to pay approximately five million won, etc. in the preparatory documents dated December 9, 2015, as the performance rate in 2007, the performance rate in 2008, the performance rate in 2008, and the annual performance rate in 2009 (the main lawsuit), and the annual performance rate in 2015da10699 (the main lawsuit), and the head of Suwon District Court, the Plaintiff was also liable to pay KRW 5 million in the annual performance rate in 2008.

On July 2008, 40,000 won with regular salary, retirement allowance, and damages for delay calculated at the rate of 20% per annum from July 20, 2008 to the date of full payment.

C. On April 27, 2017, the above court rendered a judgment in favor of the Plaintiff (referring to the Plaintiff in this case) against the Plaintiff (referring to the Defendant in this case) on the entire amount of KRW 77,503,172 as well as the amount calculated by the rate of 5% per annum from October 1, 2008 to October 4, 2016, and 15% per annum from the following day to the date of full payment, and dismissed the Defendant’s counterclaim claim. The above judgment became final and conclusive on May 19, 2017, as the Plaintiff’s appeal against the above judgment was withdrawn on July 31, 2018.

[Ground of recognition] Facts without dispute, entry of Eul 1 to 5 evidence, as a whole, and all pleadings.

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