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(영문) 대법원 2016.03.10 2014다45720
임금
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the reasoning of the lower judgment, the lower court determined that the Defendant is obligated to pay the difference between the amount of various allowances fixed by property by including insurance allowances, etc. into ordinary wages, the difference between the amount paid, and the amount already paid, based on the average wage calculated by reflecting various allowances determined by property, and the amount already paid. Accordingly, the lower court partly accepted the Plaintiffs’ claim for wages or retirement allowances.

In light of the relevant legal principles and records, the above fact-finding and determination by the court below are just and acceptable, and they do not err by failing to exhaust all necessary deliberations or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the calculation method of hourly ordinary wages and weekly holiday allowances, offsetting unjust enrichment, and the principle

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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