(영문) 서울남부지방법원 2020.07.23 2020가단230059

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(영문) 서울남부지방법원 2020.07.23 2020가단230059

손해배상(기)

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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. On November 17, 2015, the Plaintiff entered into a contract with the Defendant to perform system development services related to the construction of the next generation system (D project; hereinafter “instant project”) delegated by the Defendant Company C (hereinafter “instant contract”).

B. The Defendant’s performance of duties under the instant contract is from November 18, 2015 to May 31, 2017, and the service price is KRW 123,500,000 (monthly KRW 6,500,000, and taxes and public charges are the conditions that the Defendant bears).

C. As of April 8, 2016, the Defendant terminated the instant contract with the Plaintiff. The Plaintiff sent C e-mail to the effect that he was subject to unfair dismissal, and C requested the Plaintiff to promptly resolve the issue with the Defendant.

Accordingly, on July 1, 2016, the Plaintiff and the Defendant entered into the first agreement with the following contents (hereinafter “instant first agreement”). On July 8, 2016, the Defendant paid KRW 30 million to the Plaintiff.

1. The truster (the defendant; the same shall apply hereinafter) shall pay to the trustee (the plaintiff; the same shall apply hereinafter) a tri million won (based on the amount of KRW 30,00,000 and the amount of actual receipt) with the agreed amount until July 8, 2016;

2.The truster shall be deemed to have paid all the amounts, including legal allowances, incurred by the trustee when working in the truster company, by paying the amounts referred to in the preceding paragraph, and the trustee shall consent thereto.

3. The truster and the trustee shall not be held liable for all civil and administrative responsibilities with respect to all matters pertaining to the trustee’s employment and retirement, including in the case of each other’s work-related laws and regulations.

4.The truster and the trustee shall keep the matters relating to the contents of this Agreement absolutely confidential and, if any, shall be charged with any civil or criminal liability that may arise if either party divulges them to a third party.

E. Since then, the Plaintiff’s Internet community bulletin board of the computer program developers.

유사 판례

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-서울중앙지방법원 2016.12.01 2015가합551920

-인천지방법원 2019.09.05 2017가단252283

-의정부지방법원 2017.02.09 2016나58356