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(영문) 서울고등법원 2019.10.01 2019나2005572
퇴직금
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit among the judgment of the first instance, including a claim extended or reduced in the trial.

Reasons

1. The court's explanation of this case is identical to the part of the reasoning of the judgment of the first instance except for the case as set forth in the following paragraph (2) and thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As follows, the 14th to 15th of the judgment of the court of first instance shall be written by cutting down the parts to be used.

(2) Meanwhile, the fact that Plaintiff L had served from October 5, 2012 to September 30, 2015 is as seen earlier. As such, the amount of Plaintiff L’s retirement pay is KRW 10,681,053 (=119,159 won x 30 days x (26/365 day) x 11/12 x 26/365)). The amount of Plaintiff L’s retirement pay shall be KRW 10,681,053 x (20 days x 30 days x 11/112 x 26/365) in the first instance judgment of “K” and the first instance judgment of “K” through “the first instance judgment of 20” shall be deleted, and the following details shall be added between the first and second instances 15 pages

[Attachment] According to Plaintiff K (1) evidence 1-8, 2-9, 5-9, 25-1, 36, 305 won per day on the basis of fees received by Plaintiff K for three months before retirement [3,358, 495 won/92 (from August 30, 2015 to November 29, 2015)], the average wage per day on the basis of fees received for one year before retirement [28,15, 07 won = 28,15, 07 won/365 (from November 30, 2014 to November 29, 2015)] is 36,50 won per day on the basis of the average wage per day on the basis of fees received for three years before retirement [3,500 won per day on the basis of average wage per three years before retirement], and 198 years per day on the basis of average wage per five years before retirement [3,500 won per day].

According to this, the average wage per day calculated on the basis of the fee received for three months before retirement is considerably less than the average wage per day calculated on the basis of the fee received for one year and three years before retirement, and it is unfair to calculate the average wage on the basis of the fee received for three months before retirement.

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