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(영문) 서울중앙지방법원 2017.04.25 2015가단5167415
퇴직금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 1, 1979, the Plaintiff joined the Defendant Company and voluntarily retired on January 23, 2015.

B. The Defendant paid to the Plaintiff KRW 185,138,600, an honorary retirement allowance equivalent to the monthly wage of 20 months. The Defendant paid KRW 2015 to the Plaintiff.

1. 23. 27,639,825, which is part of the above honorary retirement allowances, consented to the payment of indemnities following the Plaintiff’s bad loans, as follows, and drafted a set-off agreement (hereinafter “instant agreement”).

With respect to the voluntary retirement of the employees of the party office (No. 1) in the written request for the payment of honorary retirement allowances, there is a possibility of the occurrence of compensation with respect to an accident being dealt with by the audit and inspection division, and the relevant amount is transferred to the subordinate office to offset the amount with the consent of the relevant person.

I agree to deposit an amount equivalent to 50% of the special retirement allowance (after tax) due to the voluntary retirement that will be received in the future with the aim of offsetting the indemnity of an accident (in the name of an accident: the occurrence of non-performing loans due to the settlement of unfair loans using a new corporation in the branch of the Office for Government Interest) which is currently handled by the audit and inspection division (in the event of an application for voluntary retirement), and agree to deposit an amount equivalent to 50% of the special retirement allowance due to the voluntary retirement (after tax) with the temporary deposit account of the retired office in order to set off the indemnity, and agree to repay the amount first priority in the determination of indemnity pursuant to the decision of the UN AFF personnel Committee of the NAFC and then not raise

C. According to the decision of the personnel committee, the Defendant finally decided the Plaintiff’s indemnity amounting to KRW 95,100,000, and on June 1, 2015, the said indemnity was offset against the Plaintiff’s honorary retirement allowance.

[Ground of recognition] Facts without dispute, Gap 1 to 6 evidence, Gap 1 to 10 evidence (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on this safety defense

A. The Plaintiff’s defense of this case is stipulated in the instant agreement.

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