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(영문) 춘천지방법원 2018.08.21 2018가단360
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On May 4, 2017, the fact that the Defendant prepared a written confirmation of the settlement of retirement pay (Evidence A 2; hereinafter “instant settlement confirmation”) stating that “Name B, period of service: June 5, 1991; - on April 30, 201, the said principal shall retire and replace the retirement pay (Won 61,260,831) with the representative director C provisional payment,” is no dispute between the parties.

Based on the instant settlement confirmation, the Plaintiff asserts that the Defendant is obligated to pay KRW 61,268,831 as written confirmation to the Plaintiff.

There is no evidence to acknowledge that the Defendant issued the instant settlement confirmation in the future of the Plaintiff.

Even if the Defendant prepared the instant settlement confirmation to the Plaintiff, the content of the settlement confirmation is set-off or deducted from the Plaintiff’s provisional payment claim against C and the Defendant’s retirement allowance claim against the Plaintiff, and even if the Plaintiff’s claim against C was extinguished, the Plaintiff already paid retirement allowances equivalent to the above amount to the Defendant.

There is no evidence to acknowledge that the obligation of the Plaintiff to pay retirement allowances to the Defendant or the Defendant has become final and conclusive, and it is difficult to deem that the instant settlement confirmation alone agreed to pay the amount indicated by the Plaintiff.

Therefore, the plaintiff's assertion is not accepted.

The plaintiff's claim is dismissed on the ground that it is without merit.

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