(영문) 인천지방법원 2015.12.16 2015나4832 | 리걸엔진

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자간(%)

(영문) 인천지방법원 2015.12.16 2015나4832

임금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff worked as an employee of the Defendant from June 30, 2013 to August 30, 2013, and the Defendant did not pay the Plaintiff the total amount of KRW 5 million on July 30, 2013 and August 8, 2013.

B. On October 10, 2013, the Plaintiff and the Defendant agreed to the following (hereinafter “instant agreement”).

1. The Defendant paid KRW 2 million to the Plaintiff by October 22, 2013, and withdraws the case in which the Plaintiff filed a complaint with the Kimpo Police Station on October 11, 2013.

2. The Plaintiff’s appeal against delayed payment of wages filed with the Ministry of Employment and Labor shall be withdrawn, and if the Defendant fails to comply with the above money and valuables payment promise, the case may be brought again.

3. In light of the agreement of this case, all issues (such as wages) arising in the employment relationship between the plaintiff and the defendant were resolved, the plaintiff does not raise any civil or criminal administrative objection to the defendant.

[Reasons for Recognition - Unsatisfy, Entry of Evidence A Nos. 1 and 2, Purport of the whole pleadings]

2. Determination

A. As to the agreement of this case, a settlement contract, such as the agreement of this case, is concluded, barring any special circumstance, is extinguished by the relationship of rights and obligations based on the previous legal relationship, barring any special circumstance. Thus, a new legal relationship exists under a settlement contract without asking whether the previous legal relationship exists between the parties.

Therefore, if a new legal relationship is established due to the formation of a compromise contract, the implementation thereof is completed, and there is no room for the problem of non-performance.

Therefore, if there is a breach of obligation under a new legal relationship under a compromise contract, the other party may seek the performance of the new obligation, or cancel the new legal relationship or claim damages for the nonperformance of the new obligation, and the compromise contract is based on the nonperformance of the obligation under a new legal relationship.

유사 판례

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