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(영문) 대전고등법원 2012.08.28 2011나5897
임금
Text

1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. The scope of the trial at the court of first instance, which the plaintiffs received from the defendant at the court of first instance, also sought the difference between the statutory allowances and retirement allowances based on the premise that the plaintiffs are ordinary wages. However, the court of first instance dismissed the difference between the above statutory allowances and retirement allowances based on the reason that the above meeting ceremony and the meeting competition expenses do not constitute wages. Since the plaintiffs did not separately appeal this, the above dismissed part becomes final and conclusive in the court of first instance, the scope of the trial at the court of first instance is limited to the remaining claims except the dismissed part.

2. The reasoning for this case by the court of first instance is the same as the corresponding part of the judgment of the court of first instance except for partial revision as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the defendant's assertion disputing the plaintiff's claim is rejected by asserting that it is identical to the first instance court.

[Revision] ① Attached Form 25 to 28 of the 25 pages 28 shall be replaced by “The Claim Amount List” by “The Claim Amount List” by the Plaintiff.

(2) Attached Form 4 12 in the form of "attached Form"

2. The “legal allowances” out of the claimed amount table of compensation and reward amount lists is replaced by “legal allowances difference in the claim amount table by plaintiff” (hereinafter “attached Form 4”).

2. The “Retirement Allowance” in the claim amount table is converted to “retirement Allowance” in the claim amount table by plaintiff. (2) The amount of the unpaid statutory allowance by plaintiff from the back of the claim amount by plaintiff to the last part of the 15th in the attached Form 11 shall be converted to “the amount of the unpaid statutory allowance by plaintiff” in the attached Form 11, and the amount shall be the same as the amount indicated in “legal allowance 1” on the claim amount by plaintiff, and there shall be no dispute between the parties. (5) The attached Forms 13 and 14 shall be changed to “attached Form 9.”

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