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(영문) 서울동부지방법원 2017.10.25 2015가단112956
임금
Text

1. The plaintiff E shall be dismissed.

2. The Defendant: KRW 59; KRW 91,448; and KRW 540,314 to Plaintiff B.

Reasons

1. Judgment on Plaintiff E’s lawsuit (hereinafter in this paragraph “Plaintiff”) (hereinafter in this paragraph “Plaintiff E”)

(a) Claim for payment of KRW 49,464,041, including performance-based and annual salary, as retirement allowances corresponding to the period in which the Plaintiff had worked, and KRW 3,539,51,000,000, actually received 45,924,530,000, as well as annual salary.

B. The Defendant asserts that the Plaintiff’s lawsuit is unlawful, since the Plaintiff entered into an agreement to file a lawsuit after withdrawal.

According to the statement in Gap evidence No. 6, the plaintiff and the defendant on June 5, 2013, the plaintiff and the defendant agreed to receive 4.8 million won as the agreed amount for all disputes, including wages and retirement allowances, from the defendant and not to raise any objection to the civil and criminal matters thereafter.

Therefore, the plaintiff's lawsuit is unlawful because it violates the above agreement, and there is no benefit of protection of rights.

C. As to the Plaintiff’s assertion 1), the Plaintiff agreed to receive approximately KRW 1.8 million among the retirement allowances which have not been settled at the time of the said agreement, and agreed to receive approximately KRW 1.8 million. The Defendant asserted that the Plaintiff filed a claim against the Plaintiff for damages on the ground of violation of the duty not to transfer his/her position (this court 2014Gahap10630, which claimed that the said money was paid as a trade secret protection incentive rather than a retirement allowance, and accordingly, the decision of recommending reconciliation was notified and confirmed that the Plaintiff paid the Defendant the money including KRW 9.6 million, a double payment.

Ultimately, since the defendant did not pay a retirement allowance at all and included a subordinate agreement on retirement allowance, it can be viewed as an agreement to waive the right to claim a retirement allowance in advance, and it is null and void because of an agreement that comprehensively prohibits civil litigation or criminal litigation, such as prohibition of transfer, divulgence of business secrets, retirement allowance, etc., rather than a specific right.

And the above agreement shall be.

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