Text
1. The defendant's appeal against the plaintiff (appointed party) is dismissed.
2. On the designated parties in the judgment of the first instance.
Reasons
1. The reasons why this Court has used this part of the basic facts are as stated in the reasoning of the judgment of the court of first instance, except that the term "..........." of the third 3th 13th th 2003 of the judgment of the court of first instance is "............", and the term "elect F" of the fourth 4th th th 2003 upper th th th th 2003 "Membership...................." is the same as the corresponding part of the reasons of the judgment of the court of first instance, and it is citing it
2. Determination on the defense prior to the merits
A. As to the instant lawsuit claiming the payment of retirement allowances against the Defendant, the Defendant concluded a labor contract with the Plaintiffs, and paid retirement allowances according to the Plaintiffs’ application for interim settlement of retirement allowances each time when the term of each labor contract expires, and the Plaintiffs agreed with the Defendant that they will not raise any objection with respect to the retirement allowances already received. Therefore, the instant lawsuit by the Plaintiffs is unlawful as it violates the Non-Appeal Agreement and is thus unlawful.
B. According to the written evidence Nos. 8 through 17 of the judgment, the period of each contract expires between the plaintiffs and the defendant except for the Appointed D.
1. 5. As of May, an interim settlement application stating as follows: “I, at the time of filing an application for interim settlement of retirement allowances and at the time of filing an application for interim settlement of retirement allowances, I, in the event of receiving interim settlement of retirement allowances with respect to interim settlement of payment of retirement allowances, I, at any civil or criminal objection.” The same year.
1. It is recognized that as of October 10, 198, “I have confirmed that the retirement pay was already paid at the expiration of the contract period. I have prepared a retirement allowance payment certificate stating “I have promised not to raise any objection with respect to the retirement pay under the above contract period.”
However, the following circumstances are revealed in full view of the fact-finding results of the court of first instance and the purport of the entire pleadings.