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(영문) 대전지방법원 2019.10.23 2018나118709
퇴직금청구등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is to change the third party’s list into the next table. The grounds of the judgment of the court of first instance, except for adding the judgment under paragraph (2) to each of the claims of the plaintiff and the defendant, are the same as that of the judgment of the court of first instance

(2) When an employee retires, a retirement allowance shall be paid in accordance with the retirement benefit payment standard table in attached Table 1.

In attached Table 1, the amount equivalent to 100% of the annual average wage in 200% per 2 year, 300% per 300% per 4 year 400% per 50% per 5 year ( changed to 500% in 2007) in attached Table 1 ( changed to 600% in 2007): Six years and 700% per 6 years ( changed to 600% in 2007): Criteria under this Schedule shall also apply to workers for 6 years or more.

2. Additional determination

A. The Plaintiff and the Defendant asserted that the counterclaim in this case was unlawful against the special agreement to bring a lawsuit under the instant agreement, and the Defendant asserts that the part on the claim for overtime work allowance among the principal lawsuit in this case is unlawful contrary to the special agreement to bring a lawsuit.

The facts stated in the instant agreement that “No citizen or criminal objection shall be raised in any case after the vehicle is brought,” are recognized as above.

However, the above agreement was written to the defendant while the plaintiff resigned, and the plaintiff would not raise any objection against the defendant who is the other party to the agreement, and the contents of the above agreement are related to the settlement of retirement allowances and retirement consolation benefits. Considering the above agreement, the object of the non-instigation agreement under the above agreement is limited to all legal relations arising out of the termination of the employment relationship between the plaintiff and the defendant, such as retirement allowances paid on the ground of the plaintiff's retirement, and it is outside the time for the plaintiff to the defendant.

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