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(영문) 부산고등법원 2018.08.22 2018나50140
퇴직금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The plaintiff sought payment of the unpaid amount of KRW 138,393,732, ② retirement allowance of KRW 939,129,120, ③ loan of KRW 46,78,776, and the first instance court accepted the claim against the defendant as to KRW 48,393,732 out of the unpaid amount of KRW 138,393,732, and ② loan of KRW 46,78,776, respectively, and dismissed the remainder of the unpaid amount of benefits and retirement allowance claim.

The part of the claim for the above loan, which is the part in favor of the plaintiff in the judgment of the court of first instance, was excluded from the scope of the judgment of this court.

2. The grounds for the court’s explanation on this part of the facts and the arguments by the parties are as stated in each corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. The reasons why the court should explain this part of the claim for unpaid benefits are as follows: (a) the part of the judgment of the court of first instance, except for the dismissal as stated in the part related to the judgment of the court of first instance, i.e., “S. 6. 10 to 7. c. 13” (hereinafter “the judgment of the court of first instance”), and therefore, it is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act. (b) The defendant applied for permission for the payment of unpaid benefits for March 2016 under the premise that the defendant agreed to reduce the Plaintiff’s benefits from March 16, 2016 to 500,000 won per month according to the rehabilitation court’s adjustment, and the permission was granted. (c) The defendant applied for permission for the payment of unpaid benefits to the Plaintiff from October 16, 2015 to 100, 2016, based on the premise that the Plaintiff’s benefits from August 16, 2016.

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