(영문) 광주지방법원 2019.04.19 2018나60372

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크기(pt)

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줄 간격

자간(%)

(영문) 광주지방법원 2019.04.19 2018나60372

임금

Text

1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Judgment on the main defense of this case

A. The Defendant asserted that the instant appeal is unlawful inasmuch as the Plaintiff’s recommendation to withdraw the instant appeal became final and conclusive in the relevant case.

B. According to the purport of the evidence Nos. 5-1 and 2 of the evidence Nos. 5-2 and the entire pleadings, the relevant case in which the Plaintiff and the Defendant are the parties (the Gwangju District Court 2017Dada515928 through October 11, 2018) was decided to recommend a compromise with the following contents, and the said decision has become final and conclusive.

Decisions

1. The defendant shall pay 10 million won to the plaintiff within 10 days from the date of the decision to recommend this settlement. If the defendant fails to pay the above amount by the above payment date, the damages for delay calculated by 15% per annum from the day after the date of payment to the day of full payment shall be paid.

2. The Plaintiff renounces the remainder of the claims and withdraws an appeal (case number in the appellate court: this case) against the judgment on the relevant case (No. 2017Gain District Court Decision 2017Daso5596).

3. The Defendant does not seek against the Plaintiff the return of the wages that the Plaintiff received during the period from May 2, 2014 to June 6, 2016.

4. The costs of lawsuit shall be borne by each person;

2) Where the parties have agreed on the withdrawal of an appeal but the written withdrawal of the appeal is not submitted, the other party may assert it as a defense, and in such a case, the appellate court shall, in principle, dismiss the appeal by deeming that there is no benefit in the appeal (see Supreme Court Decision 2017Da21411, May 30, 2018). The same applies to cases where a settlement recommendation to withdraw an appeal has become final and conclusive. According to the facts and the purport of the entire pleadings, the declaration of intent to withdraw the Plaintiff’s appeal of this case was finalized through the said settlement recommendation. Nevertheless, the Plaintiff did not withdraw the appeal, and thus, the Plaintiff’s lawsuit of this case is unlawful as there was no benefit in the appeal.

참조판례

-대법원 2018. 5. 30. 선고 2017다21411 판결

유사 판례

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