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(영문) 전주지방법원 2012.05.11 2011나9184
임금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. The reasons why the court should explain this part of the basic facts are as follows: “Nos. 5, 6(12), 13(14) of the judgment of the court of first instance”; “13(s), 14(s) and 15(s) of the first instance court; and “Nos. 1 through 3 of the seventh (7).”

In addition to the following parts, the part of the judgment of the court of first instance is identical to the corresponding part of the reasoning of the judgment, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【M. The Defendant calculated working hours and paid the driver’s wages once a month, and calculated and paid overtime allowances, night allowances, weekly paid holiday allowances, holiday allowances, holiday allowances, paid holiday allowances, and annual paid allowances (hereinafter “each of the instant allowances”) on the basis of the basic hourly wage. In calculating the bonus, the Defendant calculated the average wage based on the actual wage paid (including each of the instant allowances) during the 3 months immediately preceding that calculated on the basis of the basic hourly wage, and calculated the amount of the bonus based on the average wage. The Defendant did not consider the food and daily expenses that the driver received separately.”

2. The reasons why the court should explain this part of the parties' arguments are as stated in the corresponding part of the reasoning of the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

3. The reasons why the court should explain this part of the decision on unpaid allowances are as follows. The part on food and daily expenses of the first instance court from 4th to 15th, "3th," the part on the first instance court's 12th to 6th, "the third to 6th," the part on the first instance court's 14th to 8th, "the specific calculation details of 5th," and the part on the last to 15th, "the continuous service allowances determined on the basis of between 8th and 9th, including continuous service allowances, CCTV allowances, and CCTV allowances," and the part on the first instance court's 12th to re-determine ordinary wages, including continuous service allowances, food, daily allowances, and CCTV allowances.

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