부당이득금반환
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
1. The defendant shall withdraw the case without any condition.
2. The Plaintiff shall issue a transfer order to the head of the Plaintiff’s sports head office by December 31, 2012.
3. The Parties shall not raise any objection to civil, criminal and administrative matters in connection with the instant disposition (change of position).
On June 5, 2012, the Defendant asserted that he was unfairly transferred from the Plaintiff as the reporter affiliated with the Plaintiff, and applied for remedy for unfair transfer to the Gyeonggi Regional Labor Relations Commission (Jeng 2012, 766). In the above procedure, the settlement between the Plaintiff and the Defendant was concluded on July 27, 2012, as follows:
B. On April 26, 2013, the Plaintiff filed an application for commencement of rehabilitation procedures with the Incheon District Court on May 31, 2013, and registered on June 5, 2013 upon receipt of a decision to commence rehabilitation procedures by the Incheon District Court 2013hap19. The Plaintiff’s representative director B was deemed a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”).
1. The plaintiff must, within 21 days from the date of receipt of the decision of this case, issue a transfer order to the position of the head of the sports department of the plaintiff.
2. In a case where the Plaintiff did not perform the obligation under paragraph (1), the Plaintiff shall pay to the Defendant KRW 200,000 per day from the Do of the period specified in paragraph (1) to the completion of the performance.
C. On July 15, 2013, the Defendant filed an application with the Suwon District Court for indirect compulsory performance against the Plaintiff by failing to perform the obligation to issue a transfer order in accordance with the said protocol of compromise, and the said court rendered the following decisions (hereinafter “instant indirect compulsory performance order”) on October 10, 2013, and became final and conclusive on October 24, 2013.
After receiving the instant decision of indirect compulsory performance, the Plaintiff issued the personnel management of the Defendant as the head of the Gyeonggi Editorial Office as of October 21, 2013, but again issued the personnel management as of October 28, 2013 and April 22, 2014.
(e).