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(영문) 부산고등법원 2020.07.22 2020나52781
임금
Text

Of the plaintiffs' claims, “the part on the claim for overtime pay for holiday work” is excluded.

Reasons

The Plaintiffs did not appeal against the judgment of the party before remand, and only the Defendant lost the appeal.

As to this, the Supreme Court dismissed the Defendant’s appeal regarding the remainder of the judgment against the Defendant prior to remand except for “the portion claiming overtime pay for overtime work”, and rejected the Defendant’s appeal only for “the portion claiming overtime pay for holiday work”, and reversed the “the portion claiming overtime pay for holiday work” in the judgment prior to remand, and remanded it to the relevant party.

However, the Plaintiffs, after remanding, withdrawn the Plaintiff’s lawsuit “the part of the claim for overtime premium pay for holiday work” by means of reducing the purport of the claim by filing an application for change of the purport of the claim and the cause of the claim on June 15, 2020 (i.e., the method of excluding the part of the claim for overtime premium pay for the said holiday work” that was destroyed and remanded as above).

[B] The Defendant’s claim for overtime pay for holiday work was served on June 15, 2020 on the date of receipt of the Defendant’s application for change of the purport of the claim and the cause of the claim (the date of June 16, 2020) and the withdrawal of the lawsuit was deemed to have consented to the withdrawal of the lawsuit, and thus the lawsuit as to the remainder except for “the portion of the claim for overtime pay for holiday work” in the Plaintiffs’ claim was finalized by withdrawal of the lawsuit as to “the claim for overtime pay for holiday work” in the Supreme Court Decision 2017Da286805 Decided May 28, 2020, and “the portion of the claim for overtime pay for holiday work” in the Supreme Court Decision 2017Da286805 Decided June 15, 2020.

I would like to say.

Therefore, it is so decided as per Disposition by declaring that the plaintiffs' lawsuit in this case was terminated as above.

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