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(영문) 서울고등법원 2019.01.18 2018나2048374
퇴직금청구의 소
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.

2...

Reasons

1. The Defendant’s employee, within the scope of this Court’s adjudication, claimed the Defendant’s claim against the Defendant, an employer, for the unpaid amount and damages for delay from the retirement allowance based on the interim settlement as of December 31, 201. The first instance court accepted the Plaintiff’s claim for partial principal amount and damages for delay, dismissed the remainder of the principal amount and damages for delay, and accepted the Plaintiff’s claim, E,F, and G’s principal and damages for delay, and dismissed the remainder of the damages for delay, and rendered a judgment dismissing the remainder of the Plaintiffs’ claim in its entirety.

The plaintiffs and the defendant filed an appeal against each losing part, and this court rendered a judgment dismissing both the plaintiffs and the defendant's appeal before remanding.

Therefore, the plaintiffs and the defendant filed an appeal against each losing part, and the Supreme Court reversed and remanded the part against them among the judgment of this court prior to the remand, and the part against them against the plaintiff B, C, D, E, F, and G, and the judgment dismissing the defendant's appeal.

Therefore, the part against plaintiffs B, C, D, E, F, and G among the judgment of the court of first instance against the defendant (the part in favor of the above plaintiffs) is finalized by the judgment of remand. Thus, the scope of the judgment of this court after remand is limited to the part against the above plaintiffs in the judgment of first instance and the part against the remaining plaintiffs.

2. The reasoning for this part of the reasoning is as follows, except for the dismissal or addition of part of the facts, and therefore, it is identical to the part on “1. Recognizing the facts” of the reasoning of the judgment of the first instance. Therefore, it is acceptable in accordance with the main sentence of Article 420 of the

Under the second below, the plaintiffs shall abolish the previous retirement pay system as of December 31, 2009 by the trade union to which the plaintiffs belong and the defendant, but the defendant shall pay consolation money to the workers, and the workers who have applied for interim settlement of accounts shall implement interim settlement of retirement pay.

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