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(영문) 서울고등법원 2019.11.08 2019나23994
임금
Text

1. The part of the judgment of the court of first instance, including the claim changed from the trial after remand, against the plaintiffs of the judgment after remand.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

In addition to the amendment as stated in the following Paragraph 2 and adding the judgment at the trial court, the relevant part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the part against the plaintiffs of the trial court after the remand of the judgment of the first instance.

(However, since the plaintiffs have withdrawn their arguments on bonuses and low-level leave costs in the trial, they are excluded from the above cited part).

1) Each “attached Form 1” of the judgment of the first instance court shall be added to the respective “attached Forms 6 and 9, 11, 14, and 16, respectively, and each “22” of the 6th judgment of the first instance court shall be deleted from the respective “attached Forms 1 and 18, and each “6” of the 19th and 16th judgments shall be deleted from the “20,” respectively, to the “5,” and the sixth and 10, and 11th (from the “legal allowance” to the “legal allowance”) shall be deleted.

3) The first instance court’s decision was just on the “ordinary wage” of the 15th 15th 15th 1st e.g., [the Defendant Company is proportional to the period of service, and differential payment according to the period of service is made according to the period of service, and thus, it does not constitute ordinary wage. However, the period of service is the fact that the period of continuous service is related to the assessment of the value of the contractual work, and the circumstances that the amount of the wage is linked to the period of service do not obstruct the deeming that the wage belongs to ordinary wage (see, e.g., Supreme Court en banc Decision 2012Da89399, Dec. 18, 2013). 4) Then, the Defendant Company paid the allowance on board, the allowance on duty is paid only at the 14th e.g., the 16th 16th e., the agreed working hours, etc.).

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