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(영문) 전주지방법원 2019.01.18 2018나3819
노임등
Text

1. The instant lawsuit was concluded on November 27, 2018 upon the completion of conciliation.

2. The costs of lawsuit incurred after the completion of the lawsuit.

Reasons

1. Basic facts

A. On March 15, 2017, the Plaintiff filed the instant lawsuit against the Defendant seeking payment of wages and unlawful gains in total of KRW 51,751,970,00 in Jeonju District Court Branching 2017Kadan634, and the said court rendered a judgment of the first instance court that dismissed the Plaintiff’s claim against the Defendant on May 1, 2018.

B. On May 11, 2018, the Plaintiff filed an appeal against the entire first instance judgment.

C. The appellate court, while continuing the trial, referred the instant case to the conciliation, and on November 27, 2018, at the conciliation date, the Plaintiff, the Defendant representative director, and the Defendant’s legal representative appeared, the conciliation of the following was concluded:

(hereinafter “instant conciliation”). 1. The Defendant shall pay the Plaintiff KRW 7 million up to April 30, 2019. If the Defendant fails to pay the said amount by the payment date, the Defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the day after the date of payment to the day of full payment.

2. The plaintiff and the defendant shall withdraw their respective appeals with respect to the cases of Jeonju District Court 2018Na4102 (principal lawsuit) and 4119 (Counterclaim).

3. The plaintiff and the defendant shall not raise civil or criminal questions on all names, such as the plaintiff's wages, retirement allowances, various allowances, etc. during the service period of the defendant company in the future, and shall not file a civil or criminal complaint with each other against administrative agencies. If there are existing cases of accusation, etc., they shall submit a written withdrawal immediately.

4. By no later than December 15, 2018, the Defendant shall submit to the Jung-Eup Employment Welfare Plus Center a certificate of severance from employment caused by expiration of the term of office of the Plaintiff.

5. The plaintiff waives the remaining claims.

6. The total cost of a lawsuit shall be borne individually by each party.

On November 29, 2018, the Plaintiff received each service of the protocol of mediation containing the above content (hereinafter “instant protocol of mediation”) from the Defendant around November 28, 2018.

However, the plaintiff on December 6, 2018.

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