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(영문) 수원지방법원 평택지원 2018.11.29 2017가단9218
채무부존재확인
Text

1. The Plaintiff’s obligation on November 23, 2015 against Defendant B does not exist.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established for the purpose of selling, importing, and exporting medical instruments. Defendant C is the founder and the president of the Defendant Company, and Defendant D is the managing director of the Defendant Company as the children of Defendant C.

B. On January 2, 2009, the Defendant Company established a local legal entity in India to export medical equipment, and appointed Defendant C’s Chokdong as a India legal entity, and on May 25, 2009, established the Defendant Company’s India legal entity.

The plaintiff is an employee working in the above India Corporation from June 3, 2009 to March 2, 2017.

C. On June 30, 2015, the Defendant Company retired from the position of the head of India Corporation on June 30, 2015, prepared the following performance memorandum (hereinafter “instant performance memorandum”) from the Plaintiff on November 25, 2015, and appointed the Plaintiff as the head of India Corporation on December 1, 2015.

The following shall be working for the F, and if one of the following is violated, it shall be confirmed that the F or the head office of the Bank of Korea shall compensate for $100,000,000 without objection:

Obligations of Workers

1. No person shall disclose or provide any confidential or information acquired while on duty in F, other than private.

2. The principal shall not, without the permission of the company, contact with or provide convenience to like competitors.

3. The person himself shall not be employed in the history of another company of the same kind in Korea or in India for a period of two years from the date of his death in the letter of performance.

4. The principal shall not resign without the agreement of the company.

5. I shall make every effort to deliver corporations.

On March 2017, the Plaintiff submitted a resignation letter to the Defendant Company and thereafter retired from employment to G established by E.

Accordingly, the Defendant Company: (a) around July 2017, “The Plaintiff had contacted the same competitor while in office; and (b) was confirmed to be engaged in the same industry as after retirement; and (c) thus, paid the Plaintiff the amount of damages of USD 100,000 based on the instant performance note.”

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