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(영문) 서울고등법원 2018.10.26 2016나2006918
임금
Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance, including a claim extended and reduced in this court, is as follows.

Reasons

1. The reasons why the court should explain this case in this case are added to the "Evidence No. 20" in the "No. 7-6" column under the fourth part of the judgment of the first instance, and the "No. 23" in the "No. 23.

In addition to the use of the part of paragraphs (2-8) as follows, the judgment of the court of first instance is identical to that of the judgment of the court of first instance. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act.

(피고가 당심에서 추가로 제출한 을 제22호증의1 내지 3의 각 기재를 더하여 보더라도, 원고들의 최저임금 청구로 인해 피고에게 중대한 경영상의 어려움이 초래되거나 기업의 존립이 위태롭게 된다거나 정의관념에 비추어 용인될 수 없는 정도의 상태에 이르렀다고 보기 어려우므로, 피고의 신의칙 위반 주장은 이유 없음). 《고쳐 쓰는 부분》

D. Accordingly, the Defendant is obligated to pay the Plaintiffs a delay interest calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from the date of entry to the date of payment, which falls under 14 days after the date of entry of the cause for payment, by retiring from the Plaintiff on the date indicated in the “date of withdrawal” column for each of the Plaintiff’s pertinent “amount of claim” in the attached Table 6 corresponding to the total amount of unpaid minimum wage amount, various allowances, and retirement allowances.

A person shall be appointed.

2. In conclusion, the plaintiffs' claims that were reduced or expanded in this court for the principal suit should be accepted in its reasoning. Thus, the part concerning the principal suit in the judgment of the court of first instance, including the claims expanded and reduced in this court, shall be modified as set forth in Paragraph 1 of the Disposition.

In addition, all of the defendant's counterclaim claims should be dismissed because they are without merit. Since the part concerning the counterclaim among the judgment of the court of first instance is just in conclusion, the defendant's appeal against it is dismissed as it is without merit.

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