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(영문) 서울남부지방법원 2018.11.21 2017가단259500
청구이의
Text

1. The Defendants’ decision is based on the Seoul Southern District Court Decision 2016Gahap1094 rendered against the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff is an incorporated foundation established for the purpose of running educational services, such as training of technical professionals, etc., and Defendant C is the Plaintiff’s visual design and professor, and Defendant B is the person who served as Defendant Oracle B and professor.

B. (1) On July 29, 2015, the Plaintiff dismissed Defendant C on the grounds of the closure of Defendant C and Oacle database, respectively, on the grounds of the optimal excess of the faculty number with visual design and the lowest level of evaluation of the performance of teachers and staff.

(2) Accordingly, the Defendants filed a lawsuit against the Plaintiff seeking confirmation of invalidity of dismissal and payment of wages during the period of dismissal as Seoul Southern District Court 2016Gahap109094. On April 7, 2017, the said court rendered a favorable judgment with the purport that “the dismissal of the Plaintiff against the Defendants is null and void, and the Plaintiff shall pay to Defendant B the amount calculated at the rate of KRW 5,508,000 per month from July 30, 2015 to the reinstatement of the Defendants, and the amount calculated at the rate of KRW 4,459,190 per month from July 30, 2015 to the reinstatement of the Defendants.”

(A) The above judgment became final and conclusive as it was, as the Plaintiff appealed on November 13, 2017. (hereinafter “instant judgment”). (A)

On November 6, 2017, the Plaintiff paid KRW 45,609,140 after deducting the total amount of income tax, local income tax, national pension, health insurance, and employment insurance (hereinafter “income tax, etc.”) from the total wage of KRW 148,716,00 that occurred during the period of dismissal to Defendant B, and the amount of KRW 88,235,260 from the deduction of intermediate income that Defendant B acquired from another workplace during the period of dismissal to the amount of KRW 14,871,60, and the remainder of KRW 120,398,130 from the total wage of KRW 120,202,040 from the total wage of the dismissal period and KRW 6,153,680 from the deduction of intermediate income earned from another workplace during the dismissal period by Defendant C.

(2) Meanwhile, the Plaintiff’s income tax, etc. from the Defendants on February 13, 2018.

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