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(영문) 부산고등법원 2017.02.06 2016나1502
임금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. In the first instance trial against the Defendant, the Plaintiff sought payment of the unpaid benefits and retirement allowances of KRW 27,50,000 at the time when the Plaintiff belonged to C, ② the unpaid benefits of KRW 56,00,000, and ③ the subrogated amount of office operating expenses of KRW 29,071,972 at the time when the Defendant belonged to the Defendant. The first instance court accepted both the above ①, ②, and ③ all the claims.

As to this, the defendant appealed only to the above (i) and (ii) the part of which payment is ordered in excess of 17,489,080 won among the claims (=27,50,000 won + KRW 38,510,920 ( KRW 56,00,000 - KRW 17,489,080), and as such, according to the defendant's legal representative's written statement and each statement at the third and fourth date for pleading as of November 29, 2016, the scope of the defendant's objection is clearly stated above, while it is reasonable to deem that the defendant's appeal is erroneous in the petition and the purport of the correction of the appeal as of June 3, 2016.

Only the above part of the appeal is subject to the adjudication of this Court.

2. Basic facts

A. The Defendant is a company engaged in sales agency business, real estate development, and rental business, and the Plaintiff was an employee belonging to the Defendant from April 21, 2010 to October 31, 2015 and was in charge of sales business of commercial buildings.

B. From May 20, 2010 to December 20, 2012, the Defendant paid the Plaintiff KRW 2,250,000 per month prior to the tax year as benefits, but thereafter, partially unpaid benefits during the period from January 2013 to October 31, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1, 2, the purport of the whole pleadings

3. The parties' assertion

A. Plaintiff 1) served as an employee of C Co., Ltd. from December 1, 2005 to April 20, 2010, while the Plaintiff served as an employee of C, the amount of KRW 8,00,000 for bonuses in 209 (=2,00,000 x 4 times), the amount of KRW 6,00,00 for salary [2,000 for each month = 2,00,000 x three times (3 times in October, 209), retirement allowances of KRW 13,50,00 for retirement allowances [3,00,000 for each month] x 1,601 (from December 1, 2005 to April 20, 20). The Defendant was not paid as C Co., Ltd.

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