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(영문) 수원지방법원 2018.08.16 2017가단542556

위약벌 청구의 소

Text

1. The Defendant’s KRW 87,904,100 for the Plaintiff and 5% per annum from November 23, 2017 to August 16, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that mainly runs the manufacture and sale of a motor vehicle mutual aid system.

On January 6, 2003, the Defendant joined the Plaintiff Company and worked in the cooperation design room, control tower development team, etc. under the Research and Development Headquarters, and retired on February 10, 2017.

B. On February 6, 2017, immediately before the withdrawal, the Defendant: (a) drafted a written agreement (Evidence No. 4) and a security pledge (Evidence No. 5, hereinafter referred to as “instant agreement, etc.”) and submitted it to the Plaintiff.

However, the instant agreement, etc. includes a contract prohibiting the transfer of occupation (hereinafter “instant contract prohibiting the transfer of occupation”) with the following contents.

Meanwhile, the Defendant received 87,904,100 won as retirement consolation money from the Plaintiff.

Agreements

1. Full final agreement provides that the company voluntarily resigns on February 10, 2017, and the company receives retirement consolation benefits under Article 11 from the company to accept it, the company finally settled the total amount of all qualifications, rights, and claims that it may have in connection with the company’s work, by which it receives retirement consolation benefits under Article 11, and that not only the general contents above but also the overtime work allowance, overtime work allowance, industrial accident compensation, interim settlement allowance, employee invention-related compensation, employee invention-related compensation, retirement benefits by movement between affiliates and all other legal rights are paid in full.

6.The non-business entity shall, directly or indirectly, during the period from the date of conclusion of this Agreement on the basis of the standards set forth in the business sector concerned, act on behalf of, or in connection with, the entity himself/herself or any other person, partnership, or legal entity in any manner, such as any means and devices: