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(영문) 서울고등법원 2020.05.08 2019나2024559
퇴직금 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in this court, the judgment of the court of first instance is justified.

The reasoning for this Court’s entry is as follows, excluding the following parts, and such part is identical to the reasoning of the first instance judgment. As such, this Court cited the same as a summary under the main sentence of Article 420 of the Civil Procedure Act.

2. On the 3rd part of the judgment of the court of first instance, the part “1. Basic Facts” in “A. Basic Facts shall be added to the following parts:

A. The Defendant and the Co-Defendant G Co-Defendant G Co-Defendant G Co., Ltd., Ltd., as the “H Group” affiliated with the Defendant, conduct manufacturing and wholesale and retail business of leather products (former heads, handbags, Handbags), etc.

"Employment" shall be deleted from the 9th judgment of the first instance.

In the first instance judgment, the plaintiffs of the first instance judgment No. 10 to No. 4 were as follows. 1) The fact that the plaintiffs were employed as full-time employees of the defendant company or G company as regular employees of G company. However, in the case of other persons among full-time employees of the defendant company or G company, it is difficult to deem that the above company forced such conversion. Rather, in light of the testimony, etc. of the witness J of the court of first instance, the above company was deemed to have recommended that the employees who want to retire be converted to the sales manager at an intentional level, and the above company continued to have conducted the first through 8 of the first instance judgment as follows.

4) It seems that the Defendant confirmed or reported the working hours, the attendance status, and the leave schedule of the store managers, including the Plaintiffs.

However, this is encouraged to maintain sales and sell.

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