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(영문) 서울남부지방법원 2019.01.17 2018가단236283
약정금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 40,000,000 and its KRW 20,000,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on January 1, 2018.

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. The defendant is a company whose business objective is the mediation of multimodal transport, etc., and the plaintiff is the B's wife who had worked in the preceding office in the defendant company.

However, since it is difficult to receive direct benefits from the defendant company, the plaintiff was registered as an employee of the defendant company instead of the defendant company and received the benefits.

B. On October 25, 2017, an agreement containing the following (hereinafter “instant agreement”) was drafted between the Plaintiff, Defendant, and B.

Accordingly, B did not attend the Defendant company from the above time, and was employed in D (hereinafter “D”) as the same company as the Defendant around December 2017.

The defendant, the plaintiff (the plaintiff's husband) and the plaintiff (the plaintiff's husband) voluntarily agree to the following matters in a confidentiality implementation agreement:

(hereinafter omitted) - Down -

1. The Plaintiff shall resign from the company on October 31, 2017.

2. The Plaintiff and B shall not divulge to a third party any confidential information that may adversely affect the management of the Company, such as trade secrets, etc. that the Company has acquired while in office.

3. The Company shall pay to the Plaintiff KRW 60 million for recommended resignation consolation benefits, and the payment method shall be as follows:

Three months (the last day of November 12, 2017 and the last day of January 2018) shall be paid in 20 million won as of the last day of each month.

Provided, That where it is in violation of paragraph (2) even after payment, an amount twice the payment shall be compensated.

4. If the Plaintiff and B have affected the management of the Company by violating paragraph 2, they shall compensate for gold and legal losses incurred thereby.

C. Meanwhile, the Defendant paid KRW 20 million to the Plaintiff on November 30, 2017, which was agreed to pay consolation money of KRW 60 million under the instant agreement (hereinafter “the first agreed amount”), but did not pay KRW 20 million to the Plaintiff on December 31, 2017 (hereinafter “the second agreed amount”) and KRW 20 million that was agreed to pay on January 31, 2018 (hereinafter “the third agreed amount”). 【The third agreed amount”). The fact that there is no dispute over the grounds for recognition, entry in the evidence Nos. 1 and 2 in the evidence No. 1 and 2.

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