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(영문) 의정부지방법원 2020.12.08 2019나6776
퇴직금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. On June 10, 1983, the Plaintiff joined the Defendant Company and retired on July 1, 2015. In the Ulsan District Court Decision 2016Gahap22048, the Plaintiff sought the payment of accounts payable out of retirement allowances based on the re-determined average wage, including performance-based incentives, etc. omitted at the time of retirement, and sought the payment of accounts payable out of retirement allowances based on the re-determined average wage. On September 27, 2017, the same court rendered a final and conclusive judgment of 30,392,160 won, which is the claim amount from January 1, 200 to December 31, 2010, subtracting the remaining KRW 57,308,96 won from the retirement allowances received at KRW 60,308,960, and the remaining KRW 3,083,194 from January 1, 201 to June 30, 2015, the Plaintiff was sentenced to the Busan High Court Decision 301,3181,281.281.

(A), 7, 1 to 3, 7, 8, the purport of the entire pleadings, and the lawsuit claiming the retirement allowance of which judgment became final and conclusive (hereinafter referred to as “instant lawsuit”).

2. As the cause of the instant claim, the Plaintiff sought payment of KRW 10,143,902, which is the difference between the cited amount in the instant related lawsuit and the quoted amount in the instant lawsuit, by asserting that even though the Plaintiff requested the Defendant to submit relevant data verifying the payment details of performance-based incentives that was paid in 2010 in order to fix the Plaintiff’s retirement allowance in 2010, the Plaintiff received a judgment of citing part of the retirement allowance by specifying only the remainder after deducting performance-based incentives that the Defendant did not provide such data, and that the Defendant could have re-calculated the retirement allowance as KRW 19,306,283 if he

3. On August 31, 2016, the Defendant already submitted the record of performance evaluation performance payment for 2011 with evidentiary materials as evidence in the instant lawsuit related thereto. On March 30, 2017, the performance-based performance-based incentives required by the Plaintiff were introduced in 2011, and thus, on March 30, 2017, the Plaintiff was introduced in 201.

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