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(영문) 수원지방법원안산지원 2015.11.27 2014가단117700
약정금
Text

1. The Defendant’s KRW 25,917,052 as well as the Plaintiff’s KRW 5% per annum from September 13, 2014 to December 11, 2014, and the following.

Reasons

1. Basic facts

A. On July 22, 2013, the Plaintiff entered into an employment contract (hereinafter “instant employment contract”) with the Defendant, on July 22, 2013, where the Defendant invested funds in the SDD MAS MASK CEEN’s three-day Macccccc (hereinafter “UL”) supply contract with the U.S. Free International Zone (hereinafter “U.K.”), while working for SDN (hereinafter “SN”), and was prepared to participate in the Macccc (OL) supply contract with the U.S. Free International Zone (hereinafter “U.K”).

B. On April 4, 2014, the Defendant entered into a sales contract for sales of USD 3,580,000 in total, each of the three tax rates for the Punununununununan District, the three three tax rates for Maccck (BCC-1000) and the three tax rates for Mackck-100 (BCC-100).

C. Around May 8, 2014, the president of the Defendant C requested the Defendant’s Disciplinary Committee to make a resolution on the cancellation of a contract and dismissal on the grounds that the Plaintiff embezzled public funds without complying with an order to perform his/her duties.

On May 19, 2014, the representative D of the Defendant filed a complaint with the Plaintiff on the charge of embezzlement, fraud, and forgery or alteration of private documents, and the charge of such events with the Suwon District Court on August 18, 2014.

Accordingly, the Plaintiff filed an application for remedy for unfair dismissal with the Gyeonggi Regional Labor Relations Commission No. 2014. The Plaintiff and the Defendant accepted the resolution of compromise with the Labor Relations Commission under Article 16-3 of the Labor Relations Commission Act on September 2, 2014, and the following reconciliation was made:

(hereinafter referred to as “applicant” and “Defendant” 1. The Respondent pays the amount of 17,50,000 settlement to the applicant (20% of the actual amount received until September 19, 2014). If the applicant fails to pay it, the amount of 20% interest per annum from the date of performance shall be added.

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