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(영문) 서울중앙지방법원 2019.05.14 2018가단5139541
합의금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of providing business process outsourcing and business consulting services. The Plaintiff is a person who joined the Defendant company on January 1, 2012 and retired from office as of June 2, 2017.

B. The Plaintiff filed a claim against the Defendant for remedy against unfair dismissal with Seoul Regional Labor Relations Commission Seoul 2017 Section 1493, and on September 1, 2017, a compromise (hereinafter “instant compromise”) was established on September 1, 2017, and a protocol of compromise was formulated with the following content:

This protocol of compromise (hereinafter referred to as “instant protocol of compromise”) shall have the effect of judicial compromise under the Civil Procedure Act pursuant to Article 16-3(5) of the Labor Relations Commission Act.

Terms and Conditions of Settlement

1. The applicant of this case (referring to the plaintiff; hereinafter the same shall apply) and the respondent of this case (referring to the defendant; hereinafter the same shall apply) shall terminate the contractual relationship with the recommendation agency of June 2, 2017.

2. The respondent of this case should pay to the applicant of this case 240,000,000 (240,000,000 won, and the amount of actual receipt (3) to the account (bank, bank, and C) of the applicant of this case by September 20, 2017 (4).

3. The applicant of this case and the respondent of this case shall maintain confidentiality on all facts arising out of the contractual relationship and all matters relating to this reconciliation.

4. On the fulfillment of the above conditions, the parties to the instant case shall not raise any objection in any future civil, criminal, administrative or any other way in connection with the instant case.

C. Around September 20, 2017, the Defendant treated the Plaintiff as paying KRW 307,692,300 to the Plaintiff with the agreed amount following the instant reconciliation. Considering that it was the Plaintiff’s other income, the Defendant withheld KRW 67,692,300, which applied the income tax rate of 20/100 accordingly, and deposited KRW 240,000 to the Plaintiff’s account.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1's evidence, the purport of the whole pleadings

2. The summary of both claims.

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