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1. The Defendant shall pay to the Plaintiff KRW 54,711,239 and the interest rate of KRW 20% per annum from January 15, 2017 to the day of full payment.
Reasons
1. There is no dispute between the parties to the facts of recognition, or comprehensively taking account of the entire purport of the pleading in the statement in Gap's evidence Nos. 1 through 3, the Plaintiff is recognized as having served in the "C Patent Office" operated by the Defendant from January 1, 201 to December 31, 2016, and the Plaintiff's amount of unpaid retirement pay for the service period at the C Patent Office was 54,711,239.
2. Determination on the defense prior to the merits
A. The Defendant’s assertion was withdrawn from C/L office, and served as a member of C/L patent firm D (hereinafter “patent firm”) established by the Defendant from January 2, 2017, and was withdrawn on March 31, 2019, and made an agreement between the patent firm and the patent firm that the Defendant would not hold the Defendant liable for any civil or criminal liability with respect to wages, allowances, and retirement allowances during the period of service (hereinafter “agreement on the Plaintiff’s Lawsuit”). Thus, the instant lawsuit filed in violation of the agreement on the Plaintiff’s Lawsuit shall be dismissed as it is unlawful.
B. According to the evidence evidence No. 2, when the plaintiff retires from a patent firm on March 31, 2019, "B (the plaintiff referring to the plaintiff; hereinafter the same shall apply) shall be determined as of March 31, 2019 and shall be regarded as resignation, and Eul shall receive all money and valuables, such as monthly salary during the term of office, legal allowances, and retirement allowances. In the event there is any unpaid money and valuables after retirement, the principal shall voluntarily waive them, and shall not raise any objection against the termination of future labor relations, the waiver thereof, and the settlement of money and valuables.
In addition, Gap (referring to the patent firm) and Eul promise not to raise any civil or criminal objection under the Labor Law, including complaints and complaints.
"A letter of private position and the letter of gold payment (hereinafter referred to as "the letter of this case") containing the contents thereof is recognized.
(b).