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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. The reasons why the court should explain in this judgment are as follows: “2015Nu5270, 4.5 of the first instance judgment’s 2016Nu55270,” and “2016Nu55270, 12, 10 to 13, and 16 of the first instance judgment’s 12 are as stated in the reasoning of the first instance judgment. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Completioned Parts]
4. Determination on the claim for payment of wages
A. The Plaintiff’s assertion that the Plaintiff’s work period (from November 1, 2013 to December 29, 2014) is not paid, the wage of KRW 6,110,90 as follows, and the amount equivalent to the wage calculated by the ratio of KRW 1.5 million from January 1, 2015, which was the unfair dismissal date of the Defendants, to the time of the Plaintiff’s normal reinstatement, could have been received if the Plaintiff continued work.
Based on the summary of the Plaintiff’s assertion on unpaid benefits, the Defendants are obligated to pay KRW 1,125,00 in total to the Plaintiff from November 1, 2013 to November 17, 2013, under the premise that the term of the labor contract was commenced. From November 1, 2013 to November 30, 201; KRW 70 in wages from November 25 to November 30, 201; and KRW 100 in wages from November 18, 2013 to November 22, 2013; and the Defendants are obligated to pay KRW 1,125,00 in total to the Plaintiff on November 1, 2013 (i.e., KRW 250,00 paid KRW 875,00 paid KRW 875,00 for normal labor). However, the Defendants are obligated to return the insurance premium from KRW 30 to KRW 384,250,201.38.48
8. Until September 25, 2014, the duty to pay 70% of the remaining 30% of the benefits without any ground during the period of dismissal from one’s position is to pay 19,042 won remaining excluding 28,680 won paid from September 1, 2014, as the remaining 496,759 won of the salary 496,759 won of the salary 199,042 won of the salary 199,042 won of the salary 199,042 won of the salary 28,680 won of the salary 2014.