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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The plaintiff who is an employee belonging to the defendant 1 after the progress of the previous suit
1. On December 23, 2008, a lawsuit was filed by this Court No. 2008Gahap28635, Dec. 23, 2008. The Defendant sought payment of unpaid wages and accrued interim payment of retirement allowances from October 2005 to December 201 on the ground that the Defendant mistakenly calculated ordinary wages and average wages under the Labor Standards Act, and sought payment of unpaid wages and unpaid interim payment of retirement allowances during the said period. The Plaintiffs won the entire winning of the lawsuit on November 23, 2012, and the Defendant appealed thereto.
2) On May 23, 2012, Plaintiff 84 through 87, who is an employee of the Defendant, filed a lawsuit seeking payment of unpaid wages and unpaid interim payment of retirement allowances from March 2, 2009 to December 25, 2011 with this Court Decision 201Gahap10365, which is the ground for the above claim, and won all of the above Plaintiffs. The Defendant appealed against this and filed an appeal (hereinafter referred to as “pre-appeal”).
2) The appellate court of the previous suit was proceeding with the Seoul High Court 2013Na5734 and the Seoul High Court 2013Na13865, 13872 (merged).
2) In the process of the above appellate case, the Plaintiffs applied for an order to submit documents, stating that “The details of interim settlement of retirement pay submitted by the Defendant in accordance with the order to submit the Plaintiff’s documents were partially omitted, and thus, did not include the Plaintiffs’ claim amount in the first instance trial.” The Seoul High Court received the above application, and accordingly, submitted the interim settlement of retirement pay omitted by the Defendant. 3) Plaintiff 1 through 83 among the Plaintiffs, reflecting the interim settlement of retirement pay omitted by the Defendant, extended the purport of the claim on May 9, 2014 in the instant case 2013Na5734, which was omitted by the Defendant. Plaintiff 84 through 87 extended the purport of the claim on June 9, 2014, and Plaintiff 84 through 87 extended the purport of the claim on June 9, 2014.
4 The defendant is in progress in each of the above appellate trials.