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(영문) 창원지방법원 2017.06.21 2016나59659
임금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff worked as the Defendant’s employee from February 8, 200 to December 31, 2015 for 15 months from February 8, 2000.

B. Of the annual salary contract entered into between the original and the Defendant and the Defendant, parts related to retirement benefits in the Defendant’s annual salary system are as follows:

Annual salary contract

3. The definitions of the terms used in this Article of the Regulations on the Annual Salary System (Definition of Terms) on April 2015 shall be as follows: 1. The term "annual salary" means the total amount of wages determined on a yearly basis and received by the relevant executives and employees during the annual salary contract period, and the total amount of basic annual salary, performance salary, and additional salary; 5. The term "performance-based annual salary" means the total amount of basic annual salary, performance-based salary, and additional salary; 14. The term "performance-based annual salary" means a "resident bonus" which is paid according to the performance and capabilities of an individual and institution. 14. The term "average wage" is as specified in attached Table 3. [Attachment 3] - The term "average salary rules - the basic annual salary scope of an executive, additional salary (excluding family allowances): the basic annual salary, annual salary, holiday allowances (excluding family allowances for the staff excluding the chief director, hours, technical allowances, technical allowances, job performance allowances, job performance allowances, job performance allowances, performance allowances, and treatment.

C. On December 31, 2015, the Plaintiff received KRW 92,138,830 as the retirement benefits as of December 31, 2015 from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. According to the Defendant’s remuneration regulations, annual salary regulations, and the annual salary contract with the Plaintiff, the average wage, which serves as the basis for calculating the retirement benefits, does not include the incentives and incentives that have been received each year, but is calculated without including them. As such, the Defendant calculated the retirement benefits without including the incentives and incentives that have been received each year. As such, the Defendant received to the Plaintiff 105,319,240 won, which is equivalent to the difference in the relevant retirement benefits, = the retirement benefits that should be received

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