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(영문) 수원지방법원 2020.08.27 2019나7287
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On October 7, 2016, the Plaintiff became a member of the Jincheon Branch Co., Ltd., Ltd., and performed the duties as an officer of D officer.

On February 1, 2018, the Plaintiff’s employment was succeeded to the Defendant.

On September 12, 2018, the Defendant recommended the Plaintiff to resign.

B. On October 10, 2018, the Plaintiff and the Defendant, upon the recommendation to recommend the above recommendation to resign, drafted a “Recommendation Agreement” with the purport that the period of dismissal for retirement shall be set at 60 days, and that the Defendant shall pay the Plaintiff the ordinary wages of 60 days corresponding to the said grace period as retirement consolation benefits.

(hereinafter referred to as the “instant agreement,” and the agreement between the Plaintiff and the Defendant, made in accordance with the instant agreement, shall be referred to as the “instant agreement”).

On October 12, 2018, the Defendant paid KRW 2,821,320 to the Plaintiff.

Meanwhile, at the time of joining the C Jcheon Branch Co., Ltd., the Plaintiff entered into a labor contract providing that KRW 36,000,000 shall be paid KRW 3,00,000 each month by dividing the annual salary into 12 months (hereinafter “instant labor contract”). The said amount of annual salary stated the purport that it is a blanket wage that includes all statutory allowances, such as overtime allowance and night work allowance, holiday work allowance, annual allowance, etc.

E. The Plaintiff’s benefits consisting of basic pay, encouragement allowance, remaining work allowance, special allowance (in the preceding month wage), transportation expense, and annual allowance. The Plaintiff received KRW 3,00,000 per month’s wage up to December 2017 by aggregating the basic pay and allowances.

After that, from January 2018 to the retirement date of the Plaintiff, the Plaintiff received KRW 1,573,770 per month of base salary, KRW 100,000 per month of promotion allowances, KRW 1,050,930 per month of remaining business allowances, KRW 200,00 per month of transportation expenses, and KRW 75,30 per month of annual allowances.

In addition, the plaintiff received the "Special Allowances (which shall be paid as the items of the preceding monthly salary for the period of November 2017)" from the date of entry to the date of retirement, and the above allowances are divided into the special allowances paid fixedly and the special allowances paid flexiblely, and fixed.

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