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(영문) 서울고등법원 2015.09.18 2015나2003202
임금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall attach Form 1. to the rest of the plaintiffs except the plaintiff C.

Reasons

In the first instance court’s trial scope, the Plaintiffs filed a claim seeking the difference between bonuses (the part paid from August 1, 2010 to July 31, 2012), ② job allowance, ③ job allowance, ④ continuous service allowance (the part paid from March 1, 201 to September 30, 201), ⑤ holiday allowance, ⑤ weekly holiday allowance, ⑤ weekly holiday allowance, and ④ weekly holiday allowance, which the Defendant’s basic wage, as ordinary wage, as ordinary wage, to seek the difference in weekly holiday allowance, overtime work allowance, night work allowance, night work allowance, and holiday work allowance, which are calculated again as ordinary wage, and the first instance court accepted only some of the Plaintiffs’ bonus (the part paid from August 1, 201 to July 31, 201), and ④ part of the Plaintiffs’ ordinary wage (the part paid from March 1, 2011 to September 30, 2011 to September 31, 2012).

With respect to this, both the plaintiffs and the defendant appealed, and the plaintiffs stated the amount of unpaid monthly leave allowance in the first instance court, which was not claimed in the first instance court, based only on the above-mentioned ①, ④ part and ⑤, which were recognized as ordinary wages in the first instance court.

Therefore, the subject of this Court's adjudication is the claim for the amount of unpaid monthly leave allowance and the part against the defendant.

Basic Facts

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it refers to the reasoning of the judgment of the court of first instance as it is.

The Defendant asserted the Plaintiffs’ claim regarding the cause of the claim, etc., calculated the hourly ordinary wage on the basis of only the basic salary when paying weekly holiday allowance, overtime allowance, night work allowance, holiday allowance, holiday work allowance, and annual monthly holiday allowance (hereinafter “instant statutory allowance”) to the Plaintiffs, and calculated the hourly ordinary wage on the basis of the basic salary.

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