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(영문) 부산지방법원 2014.05.15 2013가단87556

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 70,000,000 as well as 20% per annum from November 5, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 4, 2012, when the Plaintiff’s husband (her husband) died from a acute heart disease on October 4, 2012 while serving as an employee of the Defendant Company, the Defendant Company fully pays funeral expenses and pays 35 million won to the Plaintiff who is the representative of the surviving family. However, when the death of B is recognized as an industrial accident, if the Defendant Company is not exempt from liability but is not exempt from liability, the Defendant Company entered into an agreement with the Plaintiff to additionally pay a maximum of KRW 70 million and KRW 90 million, and complete notarial deed

(hereinafter “instant agreement”). (b)

The plaintiff filed a claim for the payment of bereaved family's benefits and funeral expenses with the Korea Labor Welfare Corporation, but the petition for reexamination was dismissed in the decision of the Industrial Accident Compensation Insurance Reexamination Committee.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1 through 4, All the arguments

2. The Plaintiff asserted that the application for industrial accident had not been approved, and the Plaintiff sought payment of KRW 70 million. However, the Defendant claimed that the Plaintiff was responsible for paying funeral expenses and death consolation benefits on the part of the Plaintiff, and that the instant agreement was made by coercion on the part of the Plaintiff, and thus, its validity cannot be recognized.

According to the evidence evidence Nos. 2 and 3, the plaintiff and the defendant company set the agreement amount at least 70 million won at the first time in preparation for a case where the approval for industrial accident is not obtained, and they agreed on several occasions by changing the agreement amount to a minimum of 70 million won and a maximum of 90 million won in preparation for a case where the approval for industrial accident is not obtained. The method of consultation has been drawn up after the conclusion of the agreement in preparation for a text of the agreement, which is the foundation of the defendant company, and the amendment was made after consultation with the plaintiff. The text of the agreement finally drawn up by the defendant company is also stated as "the agreement amount at the time of non-approval for industrial accident shall be at least 70 million won and shall be at least 90,000,000 won and shall be at least the highest amount of 90,000,000 won."