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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff filed a petition against the Defendant, on the ground that the Plaintiff provided labor to the Defendant operating the “C”, which is a consulting company for the distribution of agricultural and fishery products, and was not paid wages, against the Labor Standards Act with the Seongbuk-Nam Branch.
1. The employment relationship between “A” and “B” is maintained from July 16, 2014 to December 31, 2015.
2. “A” and “B” agree to the total amount of unpaid wages of KRW 300,00,00 on April 3, 2015, KRW 1,000,000 on July 1, 2015, KRW 2,000,000 on October 2, 2015, KRW 2,000,000 on November 2, 2015, KRW 2,000,000 on December 2, 2015, and KRW 50,00,000 on January 5, 2016, and the unpaid money and valuables (any money and valuables under the Labor Relations Act, such as wages, retirement allowances, various allowances, etc.) are nonexistent.
3. “A” should pay the unpaid wage to “B” in two installments, which is KRW 2,00,000,000 until August 31, 2016, and the remainder of KRW 5,800,000 until September 30, 2016, to B’s monthly wage account.
4. As the above agreement, the Parties mutually recognize that all claims and obligations arising out of the above employment relationship have been terminated, and they are unable to institute any civil and criminal lawsuit in the future, and upon payment of the unpaid amount, they shall promptly submit the withdrawal letter to the Sung-nam Branch of the Central Local Employment and Labor Agency, “B”.
Provided, That it shall be beyond a criminal case immediately when the payment is not available.
B. On August 9, 2016, when the investigation procedure on the said petition case was in progress, the Plaintiff and the Defendant drafted a written agreement with the following contents (hereinafter “instant agreement”).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the above facts of determination as to the cause of the claim, barring special circumstances, the Defendant is a person who was paid the Plaintiff at KRW 7.8 million between April 2015 and January 2016 pursuant to the instant agreement, barring any special circumstance.