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(영문) 서울고등법원 2019.08.23 2017나2031393
임금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall list the amount of claim by the plaintiff (attached Form) to the plaintiffs.

Reasons

1. Details of the request;

A. From January 2013 to December 2013, the Plaintiffs asserted that the minimum amount of payment among basic bonuses, incentives, health care expenses, traffic support expenses, meal support expenses, and heating support expenses constitute ordinary wages, and accordingly, the Plaintiffs claimed the amount in the column of “claim amount” in the claim amount table in the claim amount table (attached Form), which is calculated by deducting the part already paid from the overtime allowances, night work allowances, holiday allowances, and annual leave allowances calculated by including them as ordinary wages, and the damages for delay at the rate of 15% per annum from July 21, 2015 to the day of full payment following the date of delivery of the complaint.

B. The first instance judgment accepted all the plaintiffs' claims.

With respect to the amount claimed in the first instance court after the filing of the incidental appeal by the defendant, the plaintiffs added a claim for delay damages at the rate of 6% per annum under the Commercial Act from January 1, 2014 to the delivery date of the complaint from the date of the final payment date.

2. The plaintiffs' assertion of acceptance of the judgment of the court of first instance and additional determination is well-grounded, and the defendant's ground of appeal that is not significantly different from the allegations in the court of first instance cannot be accepted.

The judgment of the first instance that recognized all the plaintiffs' claims in the first instance court shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act, and the plaintiffs shall also receive additional claims in this court.

3. The plaintiffs' claims should be accepted on the grounds of all the reasons.

Although the appeal by the defendant is groundless, the decision of the first instance is modified as the plaintiffs expand their claims in this court.

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