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(영문) 수원지방법원 2015.11.19 2014가단74267

약정금

Text

1. The Defendant’s KRW 72,00,000 as well as the Plaintiff’s KRW 20% per annum from January 10, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On May 2014, the Plaintiff worked as the site manager at the site site of the construction work for the second new city site development project for the 2nd new city site development project (hereinafter “instant construction work”) of the 1st century, which the Defendant was awarded a contract by Nonparty Hyundai Construction Co., Ltd. (hereinafter “the instant construction work”). On October 2014, the Plaintiff retired from the site.

B. On October 2014, the Defendant drafted and implemented a written agreement (Evidence A No. 2-1, hereinafter “instant first agreement”) with the following contents to the Plaintiff.

The Tae Young-young Development Co., Ltd. (Defendant) agrees to pay 48 million won annual salary of 1 year to 3 times in total with respect to the withdrawal of the Director A (Plaintiff) of the Director of the C Field Office, and thereafter, they agree not to bring any civil or criminal action or objection for any reason, and not to divulge any documents and information acquired in connection with the said site to the outside, and sign and seal this Agreement.

C. On October 17, 2014, the Defendant: (a) drafted and implemented a written agreement (No. 2-2, hereinafter “the second written agreement”) with the following contents to the Plaintiff on October 17, 2014.

I agree to pay the above amounts (e.g., 000).

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence (including each number), the purport of the whole pleadings

2. Determination on this safety defense

A. As to the lawsuit of this case for which the plaintiff asserted by the defendant sought the payment of the agreed amount under each of the agreements of this case, the defendant did not make a civil or criminal lawsuit or objection in relation to the agreement of this case, and therefore, the lawsuit of this case filed against the plaintiff is unlawful. Thus, the defendant's defense to the effect that the lawsuit of this case is unlawful.

B. We examine the judgment, as seen in the above facts, that the first agreement of this case includes “not to file a civil or criminal lawsuit or objection against it,” but it is also seen earlier.