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(영문) 청주지방법원충주지원 2015.06.25 2015가합3006
명예퇴직금 등
Text

1. Of the instant lawsuit, the part of the Plaintiffs’ claim for honorary retirement allowances against the Defendant is dismissed.

2. The defendant.

Reasons

1. Facts constituting the premise of the dispute;

A. On October 10, 1985, the Plaintiffs were employed and worked as the Defendant’s employee. However, on November 11, 2014, the Defendant issued a voluntary retirement notice in 2014 by having the former employee as the subject of the voluntary retirement notice.

B. On November 25, 2014, the Plaintiffs submitted to the Defendant an application for voluntary retirement on November 25, 2014, and submitted to the Defendant a written resignation pursuant to the granting of voluntary retirement on November 27, 2014, and thereafter, submitted a written oath to the effect that no and all civil or criminal filing of a lawsuit or objection should be raised after receiving the retirement pension and the voluntary retirement payment (hereinafter “instant written pledge”).

C. On November 30, 2014, the Defendants received KRW 237,786,030, respectively, as an honorary retirement allowance from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2, 6 evidence (including each number), the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant presented a resignation to the defendant and submitted a written promise of this case to the defendant and agreed on the subordinate suit with the defendant. The defendant asserts that the lawsuit of this case is unlawful as it violates the above subordinate suit agreement.

On November 27, 2014, the plaintiffs submitted the written resignation to the defendant and submitted the written resignation to the defendant. In full view of the purport of the entire pleadings in each of the statements Nos. 1 and 2-2 of the evidence Nos. 1 and 2-2, the instant written oath has the name and resident registration number column in the upper part, and confirmed the payment standards and amount of retirement pension and honorary retirement allowances in the middle, and confirmed all the conditions of the desired retirement. After receiving the retirement pension and honorary retirement payment, the said written pledge was printed in the same text stating that "at least after receiving the retirement pension and voluntary retirement payment, he/she would no longer raise any civil or criminal lawsuit filing or objection, and consists of the date of preparation and the items of the pledge at the bottom, and the plaintiffs have their name and resident registration number in the name column and resident registration number column.

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