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(영문) 서울중앙지방법원 2019.10.15 2018가단5254587
약정금
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 Plaintiff is a company that operates cement processed products ready-mixed sales business, etc., and the Defendant is a person who joined the Plaintiff on October 6, 2003 and works as the director in the business management division, and C is a person who works as the Defendant’s husband until May 2016.

B. On September 5, 2017, the Defendant prepared and delivered a retirement pledge (hereinafter “instant pledge”) with the following content to the Plaintiff:

We shall pay retirement consolation benefits under the following conditions in order to respect you's retirement demands, to consent to retirement, and to support the stable livelihood of you after retirement.

1. He/she shall not divulge to a third party any business strategy and confidential information that he/she has served and becomes aware of in the office of his/her department (e.g. operating assistance, operating assistance, and management) in our country.

2.to return all the records and records prepared in our operational and business strategies, etc. and to possess or possess copies of these materials.

3. They shall not work or enter for three years in the same industry after their retirement.

4.No other employee of the principal nor any third person shall be informed of the payment of the consolation benefits.

5. In the event of us’s reliance on our trust and failure to implement each provision, thereby resulting in us’s operating and operating losses, us shall immediately return retirement consolation benefits paid by us and demonstrate us’s fulfillment of its commitments, i.e., fulfillment of its civil and criminal responsibilities.

6. The time for returning retirement consolation benefits due to non-performance of the undertaking must be returned within three days after notification when us becomes aware of the non-performance of the undertaking and notification of the return measures should be made and interest in arrears shall be paid at the rate of 15 per annum from the three days after the expiration of the undertaking.

7. When us’s substantial damage was incurred due to us’s non-performance of the undertaking, the consolation money shall be refunded.

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