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(영문) 서울중앙지방법원 2019.10.04 2019나26693
채무금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of travel business, etc., and the Defendant served as an employee of the Plaintiff Company from October 23, 2017 to October 25, 2018.

B. The Defendant entered into an incentive agreement with the Plaintiff, which includes the content that “the Plaintiff Company shall do its best to improve the capacity of employees, to obtain technology and know-how, etc., and to assist the Plaintiff in all of the expenses required therefor. The entire expenses arising from the Spec shall be settled and refunded at the time of retirement and all of the aviation expenses and local expenses incurred therefrom at the time of retirement, and shall not be returned at the time of retirement after one year (hereinafter “instant incentive agreement”).

C. From September 28, 2018 to October 2, 2018, the Defendant had scambling in Thailand, the contents of which include golf courses and hotel field trips, and visiting tour areas. The Plaintiff provided the Defendant with a total of KRW 923,453 (hereinafter “instant expenses”).

On October 25, 2018, the Defendant submitted the Plaintiff to the effect that, at the time, the Plaintiff and the Plaintiff agreed to the effect that, “The Defendant shall settle the instant expenses and make a decision that the Plaintiff would impair the Plaintiff’s dignity and honor, but at the time of the company’s withdrawal, the Plaintiff shall immediately return all the instant expenses when the data and data acquired through the Plaintiff Company were leaked and shared without permission of the company.”

(hereinafter referred to as “instant agreement”). [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1, 2, and 5, and the purport of the entire pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1 is that the Plaintiff entered into the instant incentive agreement, which is separate from the Defendant’s labor contract, and subsidized the instant expenses. The Defendant spams.

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