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(영문) 서울중앙지방법원 2020.07.16 2019나27122
임금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited or added the corresponding part of the judgment of the court of first instance, is as follows, and the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the judgment of the court of first instance as to the preliminary claim added by the plaintiff in this court under paragraph (2

Article 111,427,483 won (i.e., average daily wage of 528,092.34 x 211 days) of the first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s “1,728,656 won (= average daily wage of 517,588 won x 212 days).”

On the third and third sides of the judgment of the court of first instance, "retirement allowance of 42,66,967 won (=average wage of 528,092.34 won x 30 days x (983 ± 365 days)")" is deemed to be "retirement allowance of 41,818,274 won (=average wage of 517,588 won x 30 days x 983 ± 365 days)".

The following shall be added between 10 pages 15 and 16 of the first instance judgment:

“On the other hand, the defendant paid the minimum guarantee fee to the head of a newly-deposited delegated branch office for the first one year, and paid the head of the delegated branch office for children’s school expenses, condolence money, etc. The minimum guarantee fee is deemed to have the nature of the subsidy to support the initial settlement of the new delegated branch office and to eliminate the short-term risks at the time of concluding the initial delegation contract. Children’s school expenses, condolence money, etc. are determined as favorable terms to the delegation contract, and cannot be deemed to have the nature of the work itself. Thus, the payment of each of the above amounts is not contrary to the nature of the delegation contract.” In the first instance judgment of the first instance court, the following amounts are added between the sixth and the seventh.

【10) The Plaintiff has established a branch office training center for the Defendant’s regular workers, and operated a branch office candidate training program for the Defendant’s regular workers, and the Defendant has specific work guidelines or guidelines for the branch office.

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