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(영문) 창원지방법원 2015.06.24 2014가단9093

임금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 3,139,162 as well as the full payment from May 7, 2013.

Reasons

1. Determination on the main claim

A. Facts of recognition 1) The Plaintiff’s “C Fish Research Institute” (hereinafter “instant fish Research Institute”).

(2) The Plaintiff was not paid KRW 3,139,162, in total, KRW 370,000 on April 2, 2013, among the wages pertaining to the above service period, from December 26, 201 to April 22, 2013.

3) Accordingly, the Plaintiff filed a complaint against the Defendant on the grounds that the said wages and retirement allowances were unpaid with the head of the Gu-gu Regional Employment and Labor Office, and the Defendant was indicted for the instant case, including the violation of the Labor Standards Act (Seoul District Court Decision 2014DaMa212). However, on October 21, 2014, the Plaintiff’s father D through the Plaintiff’s father D (hereinafter “instant agreement”).

(1) Upon the submission to the above court, the above court dismissed the prosecution against the defendant on the ground that the plaintiff, the injured party, withdrawn his wish to punish the defendant. The following two parties agree to withdraw the litigation which was a civil or criminal action by resolving the two cases smoothly and not to raise any objection in the future. [In the absence of any dispute over the grounds for recognition, each of the statements in Gap's 1, 3, 5, 9, witness D's testimony, and the purport of the whole pleadings.

B. 1) As to the instant lawsuit seeking payment of unpaid wages and retirement allowances against the Defendant, the Defendant asserted that the instant lawsuit was unlawful since the instant lawsuit was filed, in accordance with the agreement reached after the instant lawsuit was filed. 2) In a case where the interpretation of the intent of the party indicated in the judgment document is at issue, the relevant interpretation is in accordance with logical and empirical rules by comprehensively taking into account the content of the text, the motive and background leading up to such agreement, the purpose to be achieved by the agreement, the genuine intent of the parties, etc.

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