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1. The part concerning the claim for the agreed amount among the lawsuit of this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
Basic Facts
The plaintiff is a company running the combined freight forwarding business, and the defendant is in charge of the overseas freight forwarding business from September 1, 201 to January 4, 2018 while serving in the plaintiff company.
D’s unpaid freight forwarding charges against the Plaintiff (hereinafter the outstanding amount of this case) were traded with the Plaintiff since April 2013 by requesting freight forwarding to the Plaintiff, etc. while engaging in the export and import business with the trade name “E”. The Defendant dealt with the said transaction as the Plaintiff’s employee.
On July 2, 2014, the Defendant: (a) decided to make installment payments to the Plaintiff in the amount of KRW 90,192,530; (b) decided to make installment payments until December 31, 2014; (c) written a draft statement to the effect that the remainder payments until December 31, 2014 will be repaid to the Defendant.
(hereinafter. (hereinafter the instant draft) around March 3, 2015, the Plaintiff attempted to hold a disciplinary committee against the Defendant on grounds of the delay in collecting the outstanding amount, etc., and the Defendant agreed between the Plaintiff and the Plaintiff on March 3, 2015 to reimburse the Plaintiff the remaining amount of KRW 75,192,530 up to that time, and to substitute for the payment of retirement benefits up to December 31, 2014 by the Defendant’s payment of KRW 14,00,000 among them, and to substitute for the payment of KRW 50,000 out of the Defendant’s monthly salary from March 3, 2015.
(hereinafter referred to as the “Agreement”). Litigation D with F Co., Ltd. (hereinafter referred to as the “Non-Party Transport Company”) established G Co., Ltd. (hereinafter referred to as the “Non-Party Export-Import Company”) in December 26, 2014, engaging in export and import business, etc.
On March 2016, the Plaintiff was requested by the non-party import and export company to act as a saw (hereinafter “the instant cargo”). Accordingly, the non-party transport company transported the instant cargo to the vessel and loaded it to the container gate operated by the Incheon Port H Co., Ltd. (hereinafter “the non-party storage company”) during the period from October 22, 2016 to March 3, 2017.
However, the non-party import and export company did not accept the freight of this case.