logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.06.21 2015나33759
임금등
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The Plaintiff filed a principal lawsuit against the Defendant Company a claim for the payment of wages and retirement allowances on April 4, 2013, the claim for restitution of unjust enrichment against the Defendant C, and the Defendant Company filed a claim for restitution of unjust enrichment as a counterclaim.

The first instance court, in April 2013, acknowledged the Plaintiff’s wage claim and retirement allowance claim against the Defendant Company as a whole, and partially recognized the Defendant Company’s wage claim in May 2013, and did not recognize the Defendant Company’s unjust enrichment return claim, and recognized the Defendant Company’s loan claim and unjust enrichment return claim against the Plaintiff. The Plaintiff’s recognized claim was set off against the Defendant Company’s loan claim, and accepted the remainder of the Defendant Company’s counterclaim and the claim for restitution of unjust enrichment, and dismissed the Plaintiff’s claim against the Defendants.

With regard to this, only the plaintiff appealed against the defendant company's loan claim, it did not dispute the existence and scope of the defendant company's loan claim, but reduced the amount of the loan claim against the defendant company by offsetting the above loan claim.

Therefore, the scope of the judgment of this court is limited to the portion not recognized by the first instance court among the claim for wages in May 2013 against the defendant company and to the portion of the claim against the defendant C, and to the portion of the claim for restitution of unjust enrichment against the counterclaim.

2. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, each of the testimonys G of the first instance court (hereinafter “Witness G”) and witnesses H of this court (hereinafter “Witness H”) against the facts recognized by the first instance court as follows 3 shall be dismissed for the following reasons.

3. The 3th page 13 of the judgment of the court of first instance in the part to be cut shall be written by “ and against them”.

The third judgment of the court of first instance is from 18 to 21.

arrow