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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 served as a taxi engineer in the Plaintiff Company from January 1, 2016 to July 31, 2017.
B. On July 18, 2017, the Defendant filed a petition with the Plaintiff on the ground that the Plaintiff was not paid the “minimum wage” from the Plaintiff to the Incheon Northern District Office of Labor and Labor, but withdrawn on August 9, 2017.
In other words, on August 16, 2017, the Defendant filed a petition with the said Labor Agency on the ground that it was not paid “wages”, and withdrawn the petition in writing on August 22, 2017.
C. On August 23, 2017, the Defendant drafted a written agreement (hereinafter “instant agreement”) with the Plaintiff as follows, and received KRW 4 million from the Plaintiff on the same day as the agreed amount.
We confirm that the above principal has agreed with the Plaintiff solely with respect to the petitions filed with him in relation to the unpaid benefits and other cases, and confirm that they will not thereafter raise any civil or criminal objection in connection therewith.
On September 26, 2017, the Defendant filed a second petition for the Plaintiff on the ground that the Plaintiff was not paid the “retirement allowance” and “value-added tax (the purport of refund of value-added tax)” from the Plaintiff to the Incheon Northern District Labor Office. On March 2, 2018, the public prosecutor of the Incheon District Public Prosecutor’s Office issued a disposition of suspending prosecution on the violation of the Labor Standards Act by Plaintiff representative director D and the violation of the Guarantee of Workers’ Retirement Benefits Act.
E. On February 23, 2018, the Defendant filed a lawsuit against the Plaintiff, including retirement allowances of KRW 1,632,790 and value-added tax refunds of KRW 3,585,85,852 and delay damages. The Defendant (the Plaintiff of this case) paid to the Plaintiff (the Plaintiff of this case) 5,218,642 won and interest thereon at the rate of 20% per annum from August 15, 2017 to the date of full payment.” The Defendant served a notice of performance recommendation on March 8, 2018 on the Plaintiff and the Plaintiff did not object thereto.