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(영문) 서울서부지방법원 2018.07.20 2017나40386
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the Plaintiff (Counterclaim Defendant) in excess of the following amount ordered to be paid.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) the Plaintiff added or added “2.0 additional determination” as to the assertion that the Plaintiff emphasizes or added in this court; and (b) it is identical to the reasoning of the first instance judgment, except where the Plaintiff added or added “3.0 or added parts,” and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

2. Additional determination

A. The Plaintiff’s assertion 1) As Defendant B incurred additional loss to the Plaintiff after retirement, Defendant B is obligated to pay the above amount. (2) In relation to the Plaintiff’s claim for retirement pay among Defendant B’s counterclaim, Defendant B’s occupancy pay of KRW 2,100,00 as basic salary, KRW 50,000 as occupancy-in-service bonus (in-house bonus), and KRW 500,000 as monthly performance bonus (in-house bonus), and KRW 500,00 as monthly performance bonus (in-house bonus), it is not monthly payment but monthly payment, and thus, Defendant B’s retirement pay should be calculated on the basis of basic salary.

B. Determination 1) Each statement of Gap evidence Nos. 9, 12, and 16-1 through 7 on the claim for additional damages is insufficient to recognize the fact that the plaintiff suffered additional damages exceeding the total amount of 37,512,985 won recognized by the defendant Eul's mobile phone sales act, and there is no other evidence to acknowledge it. Therefore, the plaintiff's above assertion is without merit. 2) The total wage, which forms the basis for calculating the average wage for retirement allowances, is all the money and valuables paid by the employer to the worker as compensation for work, and if the employer has been continuously and periodically paid to the worker and the obligation to pay to the employer under the collective agreement and rules of employment is deleted, it shall be included in all, regardless of its name, and the money and valuables eligible for work shall be included in the employer.

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