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1. Of the instant lawsuit, “42,500,000 won and April 2, 2013 from April 2, 2013 to the date on which the Plaintiff returns the Defendant. 7,000.
Reasons
1. Under Seoul Central District Court Decision 201Gahap56052, the Defendant filed a lawsuit against the Plaintiff seeking confirmation of invalidity of the dismissal of May 2, 201 and payment of wages at the rate of KRW 7,000,000 per month from May 2, 2011 to the date of reinstatement of the Defendant’s original status with the Seoul Central District Court Decision 201Gahap56052 (hereinafter “the subject judgment”).
The plaintiff appealed as Seoul High Court 2012Na41412, but the dismissal of the appeal was pronounced on February 1, 2013, and on February 23, 2013, the fact that the judgment became final and conclusive on February 23, 2013 does not conflict between the parties or is recognized by the statements in the evidence A 1 and 2.
2. The plaintiff alleged that he/she was to be reinstated to the defendant on July 2, 2013, but the defendant refused to work. Since the suspension status of the employment relationship due to dismissal between the plaintiff and the defendant was terminated by the above reinstatement notice, the plaintiff has no obligation to pay wages at the rate of KRW 7,00,000 per month pursuant to the judgment from July 3, 2013 after the above reinstatement notice.
However, since the Plaintiff paid all wages to the Defendant at the rate of KRW 7,00,000 per month from May 2, 2011 to July 2, 2013, compulsory execution based on the judgment should be denied.
3. Determination
A. From May 28, 2013, the Plaintiff filed a lawsuit claiming objection against the Defendant (hereinafter “pre-appeal”) with the Seoul Central District Court 2013Gahap26987, the Plaintiff’s compulsory execution based on the subject judgment against the Plaintiff is denied only to the extent that the amount exceeds “42,50,000 won (paid amount out of the wages calculated at the rate of KRW 7,000,000 per month from May 2, 2011 to April 1, 2013) and “the amount calculated at the rate of KRW 7,00,000 per month from April 2, 2013 to the date the Plaintiff is reinstated the Defendant.”
The judgment was rendered, and the Plaintiff appealed as Seoul High Court 2013Na37588, but the judgment of dismissal was rendered on October 17, 2013 after the pleadings were closed on September 5, 2013, and the fact that the said judgment became final and conclusive on November 7, 2013 is concerned.