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1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:
The defendant.
Reasons
1. The Plaintiffs filed the instant lawsuit seeking allowances and retirement allowances that reflect the regular bonus among the wage items, ② KRW 20,000 among family allowances, ③ self-development expenses, ④ self-development expenses, ④ self-regulation expenses, ⑤ individual pension premium subsidies that constitute ordinary wages. The court of the first instance determined that ① payment rate of KRW 600 among regular bonuses, ② 20,000 among family allowances, ③ self-development expenses, ④ self-development expenses, and ④ self-management expenses constituted ordinary wages, but ⑤ individual pension premium subsidies do not constitute ordinary wages.
Therefore, only the Defendant appealed, and this Court dismissed the claim that the Plaintiffs constituted ordinary wages, as the Plaintiffs’ family allowances, ② KRW 20,000, ③ self-development expenses, ④ self-management expenses, and ④ self-management expenses, which are premised on the premise that regular bonuses constitute ordinary wages, the claim is subject to the judgment of this Court.
2. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.
3. The parties' assertion
A. From October 2009 to March 2014, the Defendant calculated and paid statutory allowances based on ordinary wages by omitting regular bonuses corresponding to the ordinary wages to the Plaintiffs from October 2009 to March 2014. The Defendant is obligated to pay unpaid statutory allowances, which are the amount obtained by deducting the legal allowances already received by the Plaintiffs, from the statutory allowances calculated based on the reasonable amount of ordinary wages calculated by including regular bonus items, to the Plaintiffs.
In addition, the defendant calculated and paid the retirement allowance or interim settlement based on the calculation of the average wage of some relevant plaintiffs without omitting the accrued statutory allowances as above. The defendant is legitimate to include the unpaid statutory allowances to the above plaintiffs.