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(영문) 수원지방법원 2018.04.13 2016가합3822

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 for the Plaintiff and 4% per annum from November 16, 2016 to April 13, 2018.

Reasons

1. Basic facts

1. The plaintiff withdraws the case without any condition.

2. The Defendant shall issue a transfer order to the position of the head of the Defendant’s main 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).

From December 1, 2009, the Plaintiff, who was in office as a reporter at the Defendant Company, filed an application for remedy for unfair transfer from the Defendant on June 5, 2012, with the Gyeonggi Regional Labor Relations Commission (Seoul District Labor Relations Commission Decision 2012Hau766). On July 27, 2012, the procedure for the above procedure of application, a settlement between the Plaintiff and the Defendant (hereinafter “instant protocol”) with the following content was established:

B. On April 26, 2013, the Defendant filed an application for commencing rehabilitation procedures with the Incheon District Court on May 31, 2013, and received a decision to commence rehabilitation procedures under the said court 2013 Joint19. The Defendant’s representative C is deemed a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act and was registered around June 5, 2013.

C. On July 15, 2013, the Plaintiff filed an application with the Defendant for indirect compulsory performance against D of this Court on the ground that the Defendant did not perform the duty of assignment order as stipulated in the instant protocol of conciliation, and the said court rendered a decision on October 10, 2013 as follows (hereinafter “instant indirect compulsory performance order”).

1. The defendant shall, within 21 days from the date of receipt of the decision of this case, order the plaintiff to be transferred to the chief position of the defendant's sports head office.

2. In a case where the Defendant did not perform the obligation under paragraph (1), the Defendant shall pay to the Plaintiff KRW 200,000 per day from the Do of the period specified in paragraph (1) to the completion of the performance.

The above decision was finalized on October 24, 2013. D.

The defendant held a personnel committee on October 17, 2013 and issued a transfer order to the head of the Gyeonggi Editorial Office on the 21st day of the same month, and on the 28th day of the same month, the defendant shall be the head of the division in charge of the area south of Sung-nam, and on April 22, 2014.