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(영문) 부산지방법원 2020.08.19 2019나65733
기타(금전)
Text

Of the judgment of the court of first instance, the amount equivalent to the amount ordered to pay the counterclaims below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasons why the court should explain this part of the judgment as to the facts of recognition and the claim for principal action are as stated in the reasoning of the judgment of the court of first instance, except for the cases where the 6th to 7th to 9th of the judgment of the court of first instance has been dismissed as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, this part shall be cited as it is in accordance with the main sentence of Article

2. According to the following facts, the Plaintiff’s work as the head of the association can be recognized from April 17, 2011 to June 26, 2015, based on the following facts: (a) the portion used in the resolution (as seen in the judgment of the court of first instance, Chapters 6 through 7, and 9); (b) the retirement benefit system that the Plaintiff pays to retired workers under the provision of Article 19 of the Articles of Incorporation; (c) Articles 22(2), 24(2), and 26 of the Operating Rules; (d) Article 34 of the Labor Standards Act; and Article 10 of the Labor Standards Act, Article 18 of the Act on the Guarantee of Workers’ Retirement Benefits (as to the retirement benefit system that provides the retirement benefits to the retired workers, the right to receive the retirement benefits under this Act terminates due to the lapse of three years. Therefore, the Plaintiff’s duty to receive the said wages during the pertinent period, which constitutes the period of extinctive prescription of the Plaintiff’s wage paid to the head of the association.

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