손해배상(기)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts are companies that manufacture and sell ready-mixed, etc., and Defendant B retired from office as the head of the business division of the Plaintiff company from October 7, 2014 to April 30, 2017, and Defendant C as the head of the business team of the Plaintiff company from October 21, 2014 to May 4, 2017.
On April 3, 2017, the Defendants made up and delivered to the Plaintiff a letter of undertaking stating that “I, with respect to ready-mixed sold by oneself, supplement the defective documents, such as the contract, and, with respect to the unclaimed ready-mixed price, I would like to be responsible and recovered. I would be able to pay the unclaimed amount and be legally responsible.” (hereinafter “instant letter of undertaking”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings
2. In full view of the purport of the arguments in the statement Nos. 1 through 7 of the judgment on the defense before the merits, the Defendants filed a petition with the competent Regional Employment and Labor Office of Busan on May 23, 2017 for the payment of the Plaintiff’s wages and retirement allowances (as a result of the petition, the unpaid wages against Defendant B were confirmed as total of KRW 17,915,948,948, and the unpaid wages against Defendant C were total of KRW 16,908,701), and ② the Plaintiff filed an application for a payment order with the Defendants to seek payment of the agreed amount based on the instant declaration around August 1, 2017, and ③ the Plaintiff revoked the application for the payment order around August 10, 2017; ④ the Defendants voluntarily withdrawn the application for the payment order to Defendant C on or around August 11, 2017; ⑤ the Plaintiff’s withdrawal to Defendant C on or around the aggregate of KRW 17,579,705,79
The Defendants’ petition withdrawal and the Plaintiff’s request for payment order were made in sequence.
The Defendants withdrawn the petition before receiving wages from the Plaintiff, and withdraw the petition and reduce some wages after the lapse of one month.