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(영문) 수원지방법원안산지원 2020.11.19 2019가합10887
대여금
Text

The plaintiff's primary claim and the conjunctive claim are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff of the parties, etc. was an employee of B from August 2018 to August 2019, and the Plaintiff was a company with the purpose of gold-type manufacturing business, etc.

B. The Plaintiff filed the instant lawsuit against B on November 26, 2019, seeking payment of the sum of KRW 200,233,000, such as unpaid wages, penalty, consolation money, and loans, etc. (2) An agreement was reached between the Plaintiff and B on February 10, 2020, while the instant lawsuit was pending. The main contents are as follows.

(hereinafter “instant agreement,” and “instant agreement,” respectively. This agreement was concluded between B and the Plaintiff, etc. on February 10, 2020.

Article 1 (Purpose) The objective of this Agreement is to resolve disputes arising from various civil and criminal cases, etc. which are raised or to be raised between us.

Article 2 (Payment of Agreements) (1) B shall pay 100,000,000 won in total to D, E, and F for the smooth reorganization of remuneration, other legal relations, etc. to be paid to D in accordance with a service contract between B and D.

2. The agreement under this paragraph shall be received by the Plaintiff on behalf of D, E, and F.

Article 3 (Time for Performance of Obligations) B shall pay KRW 70,000,000 out of the amount agreed under Article 2(1) of February 10, 2020, and the remainder of KRW 30,000,000 shall be paid up to April 30, 202.

Article 4 (Conclusion of Disputes) (1) B and the Plaintiff, etc., as of the date of the conclusion of this Agreement, verify that they do not take any civil, criminal, administrative action, accusation, accusation, petition, remedy and any other legal action except for the following cases or cases of application:

In the case of an application for remedy against unfair dismissal by the Gyeonggi Regional Labor Relations Commission

(b) Cases, such as loans, etc. for Ansan District Court 2019 Gohap10887;

(c) Cases of provisional seizure against claims by the Suwon District Court Decision 2019Kadan52786.

D. The case (2) No. 70,000,000 won out of the agreed amount under Article 2(1) of the Employment and Labor Agency’s wage payment case (2) on February 10, 2020

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