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(영문) 부산고등법원 2017.04.26 2016나56946
해고무효확인
Text

1. The judgment of the first instance, including the preliminary claim added at the trial, shall be modified as follows:

The defendant.

Reasons

1. The reason why this part of the basic facts is used by the court is that the “in September 30, 2013” of the second sentence of the judgment of the court of first instance shall be deemed to be “in September 30, 2013,” and the “in August 2015,” the “in September 30, 2013” of the second sentence shall be deemed to be “in August 2015,” as stated in paragraph (1) of the judgment of the court of first instance. Therefore, this part shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. In light of the progress of the instant lawsuit and the purport of the Plaintiff’s assertion, the reason why the court used this part of the judgment on the primary claim is that the Plaintiff sought payment of KRW 26 million with the wages from December 1, 2015 to January 31, 2016, and sought payment of KRW 13 million each month from February 1, 2016 to the date of reinstatement.

The Plaintiff made a statement to the same purport on the second day for pleading, thereby clarifying the purport of its assertion.

The reasoning of the judgment of the court of first instance is the same as that of Articles 2 and 420 of the Civil Procedure Act, except for cases where the first instance court's first instance court's first instance court's second instance court's second instance court's second instance court's second instance court's second instance court's first instance court's second instance court's first instance court

[Supplementary Use]

C. On December 1, 2015, the Plaintiff’s assertion 1) received wages of KRW 10 million per month by November 2015 pursuant to the instant agreement, and the amount of withholding taxes from the fourth insurance, etc. was borne by the Defendant pursuant to the said agreement, and if the amount of withholding taxes from the fourth insurance, the Plaintiff’s monthly wage is included in the amount of KRW 13 million. Meanwhile, the Defendant agreed to pay the Plaintiff the full amount of wages on December 2015 through the instant written agreement. Accordingly, the Defendant is obliged to pay the Plaintiff KRW 13 million as the total amount of wages on December 2, 2015.

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