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Reasons
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(영문) 인천지방법원 2018.05.30 2017가단26767
청구이의
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1. The defendant's protocol of mediation of the case of the Incheon District Court 2014 money9103 (main lawsuit), 2014 money 9110 (Counterclaim) against the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit claiming damages against the Defendant, who was an employee employed by the Plaintiff’s company, and the Defendant filed a counterclaim claiming the payment of retirement benefits.

In the lawsuit above, conciliation between the plaintiff and the defendant was established as follows:

[Attachmentcheon District Court 2014ss. 9103 (Mains.), 2014s. 9110 (Counterclaim)]. 1. The Plaintiff withdraws the principal lawsuit, and the Defendant consents thereto.

2. The plaintiff confirms that there is a debt of 6.845,801 won based on retirement pay between the two parties against the defendant.

3. The Plaintiff shall pay the Defendant KRW 4,600,000, out of the amount described in paragraph (2) to which KRW 2,300,000 among them shall be paid until July 31, 2014, and the remainder of KRW 2,300,000 shall be paid until August 31, 2014.

4. When the plaintiff pays 4,600,000 won to the defendant within the above period, the defendant shall be exempted from the remaining retirement allowance liability to the plaintiff.

However, if the plaintiff delays the payment of the amount stated in paragraph (3) at one time, it shall lose the benefit of division and time, and the plaintiff shall pay to the defendant the amount stated in paragraph (2) less the amount paid in paragraph (3) at the rate of 20% per annum from the day after the date of payment to the day of full payment.

(B)

B. On July 30, 2014, the Plaintiff remitted KRW 1,500,000 to the Defendant respectively, and KRW 1,500,000 on August 29, 2014. On August 31, 2014, the Plaintiff asserted that the Plaintiff paid KRW 1,300,000 in cash to the Defendant on August 31, 2014, and the Defendant received KRW 1,300,000 in cash around October 11, 2014 with respect to the date and method of receiving KRW 1,30,000 from the Plaintiff’s family member, and then received KRW 300,000 in cash from Nonparty C presumed to be the Plaintiff’s family member on November 5, 2015.

The defendant was paid KRW 4,300,000 by August 31, 2014 under the premise that C was paid by the plaintiff until August 31, 2014.

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