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(영문) 서울중앙지방법원 2014.09.26 2013가단5179803

환급가산금 반환

Text

1. The Defendant’s KRW 17,861,952 as well as the Plaintiff’s KRW 5% per annum from October 23, 2013 to December 23, 2013 and December 20, 2013.

Reasons

1. Basic facts

A. From February 23, 200 to March 7, 2012, the Plaintiff served as the representative director of the Defendant and was dismissed. After dismissing the Plaintiff, the Defendant filed a lawsuit seeking unjust enrichment or return of damages against KRW 2.5 billion, which the Plaintiff received as special bonus from the Defendant on December 30, 201, from the Defendant on December 30, 201.

(The first instance court is the Seoul Central District Court 2012Gahap13244, the second instance court 2013Na29020, the Seoul High Court 2013Na29020, and the first instance court is the first instance court, and the second instance is the second instance of the first instance.

The Defendant won all the prior suit in the first instance court, but appealed against the Plaintiff, and in the second instance court of the prior suit, the Plaintiff filed a lawsuit claiming wages against the Defendant (Seoul Central District Court 2013da158160 case, hereinafter “the separate lawsuit”) on June 11, 2013, separate from the prior suit, and considering the Plaintiff’s withdrawal of the separate lawsuit, and the Defendant’s principal mediation (the detailed contents are as indicated in the attached adjustment clause) with the purport of returning KRW 2.5 billion and delay damages, which were paid by the Plaintiff as provisional payment pursuant to the judgment of the first instance court, and KRW 80 million, from the late payment damages, the Plaintiff was indicated as the Defendant under the attached adjustment clause, and the Plaintiff of the instant lawsuit was indicated as the Defendant under the attached adjustment clause, and the Plaintiff of the instant lawsuit or the “instant adjustment clause,” and each of the contents of each provision was established as the “instant mediation clause,” as stated in the “instant mediation clause.”

C. The Plaintiff fulfilled all the obligations following the instant conciliation, including the withdrawal of separate lawsuit, and the Defendant also filed a claim for correction of tax base and tax amount with respect to the Defendant’s competent tax office so that the Plaintiff may be entitled to refund erroneously paid income tax of the said special bonus. At the end of the consultation with the competent tax office, KRW 80 million that the Defendant paid to the Plaintiff upon the instant conciliation is the Plaintiff’