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(영문) 서울남부지방법원 2021.01.28 2020나52748

퇴직금

Text

The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

Expenses incurred by an appeal shall be the plaintiff and the incidental appeal.

Reasons

The grounds for appeal by both parties for the acceptance of the judgment of the first instance are not significantly different from the allegations in the first instance court, and even according to the evidence and original evidence duly adopted and examined by the court of the first instance, and each evidence additionally submitted by the defendant to this court, the recognition and judgment of the first instance court is recognized as legitimate.

Therefore, the court's reasoning concerning this case is as follows: (a) the part of the first instance court's 4th 8 to 5th 6 acts; (b) the part of the 5th 10 to 17 acts; and (c) the part of the 7th 12 acts; (d) Gap's 1 to 17 acts; and (e) the part of the evidence of No. 1 to 17, No. 19, and No. 20 of the 7th 17 acts; and (e) the part of the evidence of No. 1 to 17, No. 19, and No. 20 of the 7th 7th 7 acts; and (e) the defendant's appeal against the plaintiff and the defendant against the 2015 second 2.2.

According to the evidence evidence No. 4, "A Clause 1 of the delegation agreement with the defendant on February 10, 2015 entered into with the plaintiff as of February 10, 2015 does not want to establish the relationship between ear and Ha in any form as an individual subject to the payment of the income tax under the Income Tax Act, and in the future, I agree not to impose any civil or criminal claims against ear on the premise that she is a worker under the Labor Standards Act and other Labor Relations Act.

It is recognized that the agreement of this case (hereinafter referred to as the "agreement of this case") is stipulated, but it is invalid in violation of the Act on the Guarantee of Workers' Retirement Benefits, which is a mandatory law, to enter into a non-litigation agreement that does not file a civil lawsuit in advance with respect to the claim for retirement benefits accrued at the time of final retirement

(c).