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(영문) 서울고등법원(춘천) 2017.12.13 2017나1375
보수금 등 청구의 소
Text

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

The defendant shall pay to the plaintiff KRW 4,799,99 as well as to the plaintiff on December 2016.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure

2. The reasoning for this part of the court at the time of termination of the appointment contract between the plaintiff and the defendant is the same as that of the judgment of the court of first instance from 2 to 6 pages, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination as to the claim for unpaid remuneration after removal from position: (i) the Plaintiff’s annual salary of KRW 150 million in the Plaintiff’s annual salary and the amount calculated by dividing that amount by 12 months shall be paid on the 25th day of each month; (ii) the Defendant’s articles of incorporation provide that a person who is released from a position shall be paid eight percent of his/her salary; (iii) the fact that the Defendant issued a disposition of removal from position on September 12, 2014 that the Plaintiff was subject to the disposition of removal from position on the part of the Plaintiff on September 12, 2014 is as seen earlier; and (iv) the fact that the Defendant paid the Plaintiff the monthly salary of KRW 100 million in the calculation based on annual salary of KRW 100 million to the Plaintiff does not conflict between the parties

Therefore, the Defendant is obligated to pay to the Plaintiff 6,43,33 won and damages for delay thereof, as sought by the Plaintiff, within the scope of 60 days from September 12, 2014, which is the date of removal from position of the Plaintiff, to November 10, 2014, which is the day immediately preceding the date of retirement (=(150,000,000 won - 10,000,000) x 0.8 x 60 days x 60 days / 365 days, and less than won).

4. Determination on a claim for a difference between remuneration and a performance-based annual salary in consideration of inflation;

A. According to Article 4(1) of the instant appointment contract as to the cause of the claim, the Plaintiff’s remuneration of KRW 150 million shall be paid as annual salary of KRW 150 million and the amount calculated by dividing it by 12 months shall be paid on the 25th day of each month, and the fact that each school year decided to reflect it in the annual salary in consideration of the increase in general price levels is as seen earlier, and the Defendant from March 1, 2010 to November 11, 2014.

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