logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.05.21 2018나36470
퇴직금 지급청구의 소
Text

1. The defendant-Counterclaim plaintiff's appeal and the counterclaim extended in the trial are dismissed.

2. After an appeal is filed.

Reasons

The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance, and even if the evidence submitted by the court of first instance is different from the evidence submitted by the court of first instance, that is, the evidence submitted by the court of first instance, the evidence No. 16 to No. 22, each of the evidence submitted by the

Therefore, the reasoning for this Court concerning this case is that it is identical to the reasoning for the judgment of the first instance except for the modification or modification of the following contents, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420

[Revision] The portion amended by May 15, 2012 in the first instance court’s 7th 3 and 4th 7th 3 and 4th 4th 2015 is amended as “by May 15, 2017.”

[Change] Decision of the first instance court No. 2.b.

(2)The part of subsection (3)(3)(s)(3) to 15(s)(s)(s) to 4(s) shall be amended as follows:

(2) Even if the Defendant is obligated to pay a retirement allowance to the Plaintiffs, the amount equivalent to 1/12 of the monthly remuneration from November 2013 to May 2017 under the retirement allowance division agreement with the Plaintiffs was paid to Plaintiff A as retirement allowance of 13,596,553 won, Plaintiff B as retirement allowance of 11,175,702 won, and Plaintiff B as retirement pension from the bank on May 22, 2017, Plaintiff A as retirement pension of 843,769 won, and Plaintiff B as retirement pension of 554,619 won. Accordingly, Plaintiff B was paid the total amount above, and Plaintiff B was discarded to KRW 6,494,305 [the amount exceeding the amount equivalent to 1/2 of the retirement allowance claim prohibited from seizure = 12,98,611 won [the amount less than KRW 13,543,230,2305 won, and KRW 154,195 of the retirement pension payment];

(3) In addition, with respect to the remainder of 4,681,397 won (=11,175,702 won - 6,494,305 won) which is prohibited from set-off against Plaintiff B, the return of unjust enrichment as a counterclaim shall be sought.

Type 3 of the judgment of the first instance court

E. (2) The part of the determination (from heading 8 to 10) shall be modified as follows:

(2) According to the respective statements in subparagraphs 4-1 and 2-2, the Defendant, on November 19, 2012, and the Plaintiffs and “Until October 31, 2012.”

arrow