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(영문) 수원지방법원 2017.08.10 2016가단800545
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 24, 1993, the Plaintiff was issued to C as the business division located in Seoul on January 7, 2013 while serving as the director in charge of accounting division and promoted from 2008 to the director in charge of management.

B. At the time of May 10, 2013, the following agreements were concluded between the Defendant and the Plaintiff, who was the representative director of C, a stock company, and the Plaintiff (hereinafter “instant agreement”).

A: B: B: A and B enter into an agreement as follows:

1.A shall make payment of benefits of KRW 200,000 in cash and for a period of five years, provided that B does not reveal the company secrecy to B.

2.B shall undertake, subject to the payment of the above money, the following:

(1) B shall not engage in any speech contrary to the interests of the corporation and its related companies, their representatives and persons concerned.

(2) B shall not divulge all information known to B in relation to the Corporation and its related companies, representatives and persons.

A and B shall assume all civil and criminal responsibilities resulting from failure to comply with each of their paragraphs.

A (Signature) A: B (Signature) B: A (Signature) on May 10, 2013: A (Signature)

C. Pursuant to the instant agreement, C paid KRW 200 million to the Plaintiff on May 10, 2013. From May 10, 2013 to February 29, 2016, C paid KRW 4,851,260 (based on the details of payment on February 2016) in the form of wages.

However, Co., Ltd. sent notice of dismissal to the Plaintiff on February 29, 2016 and did not pay the agreed amount under the instant agreement until then.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1 to 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Although it is apparent that the instant arrangement is an agreement concluded between the Plaintiff and C, if it is not an agreement between the Plaintiff and C, but an agreement between the Defendant and the Defendant.

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