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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.The reduction of claims in the trial.
Reasons
1. Basic facts
A. On March 23, 2012, the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs” and the designated parties) entered the Defendant and worked in the Defendant’s astronomical feed factory for convenience. The Plaintiffs retired from the Defendant on the same day by transferring the Defendant’s business related to the Defendant’s astronomical feed plant.
B. The contents of the collective agreement were determined pursuant to the collective agreement to be concluded each year (hereinafter “instant collective agreement”) and the wage regulations, and each of them was concluded from 2006 to 2012 (wages payment).
2. The 21st day of each month for the payment of wages;
Article 40 (Ordinary Wage)
1. Main salary;
2. Family allowances;
3. Continuous service allowances;
4. An unmarried allowance (including ordinary wages from collective agreements, 2010) company Article 41 (Reward) shall take into account its achievements and pay bonuses in consideration of its members' results;
Provided, That 150% of each bonus shall be paid in December, 4,6,8, and 100% of each bonus payment shall be paid in 2,10.
The provisions pertaining to this case in the contents of a collective agreement are as follows:
C. The Defendant paid bonuses and statutory allowances calculated by excluding the payment of bonuses from ordinary wages to its employees, including the Plaintiffs, on the 21st day of each month during which the payment of the said bonuses was made (hereinafter “instant bonus”). The Defendant has paid bonuses under the said collective agreement, etc., without including them in ordinary wages, calculated overtime work allowances, night work allowances, and holiday work allowances (hereinafter “instant statutory allowances”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 9, 10, and 11, the purport of the whole pleadings
2. The parties' assertion
A. Although the bonus of this case asserted by the plaintiffs falls under ordinary wages paid periodically, uniformly, and fixedly in light of the payment practices, the defendant from June 1, 2009.