(영문) 수원지방법원 2018.01.11 2017나58670

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자간(%)

(영문) 수원지방법원 2018.01.11 2017나58670

임금 등

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1.The following amounts, among the parts concerning the principal lawsuit of the judgment of the court of first instance, exceed the amount ordered to be paid:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From October 12, 2015 to December 15, 2016, the Plaintiff worked as an employee in the “C” of a business chain operated by the Defendant, and the Defendant did not pay the Plaintiff a total of KRW 11,804,132.

B. On March 18, 2016, the Plaintiff and the Defendant agreed to the following (hereinafter “instant agreement”).

Agreement A: A: C “A” and “B” agree as follows:

The term "B" shall pay the amount of KRW 7.5 million agreed on to "A" three times.

The payment details of KRW 2 million on May 31, 2016, KRW 200,000,000,000 on June 30, 2016, KRW 2.5 million on July 31, 2016, “B” promises to implement it in good faith.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. Determination on the main claim

A. As to the agreement of this case, a settlement contract, such as the agreement of this case, is concluded, barring any special circumstance, barring any special circumstance, becomes extinct in terms of the rights and obligations based on the previous legal relationship. Thus, a new legal relationship exists by 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, the other party may seek the performance of a new obligation, or either rescind a new legal relationship or seek compensation for damages on the ground of the nonperformance of a new obligation. A compromise contract itself cannot be rescinded on the ground of the nonperformance of a new obligation arising out of a new legal relationship.

B. We examine the judgment, and the legal relationship between the plaintiff and the defendant is the agreement of this case.

유사 판례

-서울동부지방법원 2015.04.10 2014나24428

-인천지방법원 2015.12.16 2015나4832

-대법원 1992. 9. 22. 선고 92다25335 판결

-대법원 1989. 9. 12. 선고 88다카10050 판결

-광주지방법원 2018.09.12 2018나554