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(영문) 수원지방법원 2016.10.11 2016가단2181
손해배상
Text

1. The Defendant’s KRW 20,000,000 as well as annual 4% from October 22, 2013 to October 11, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. From December 1, 2009, the Plaintiff was in office as a reporter at the Defendant Company. On June 5, 2012, the Plaintiff asserted that the Defendant was unfairly transferred from the Defendant and applied for unfair transfer relief to the Gyeonggi Regional Labor Relations Commission (J2012Dang7666). On July 27, 2012, the procedure for the above application was in progress, a settlement between the Plaintiff and the Defendant (hereinafter “instant protocol”) with the following contents.

1. The plaintiff withdraws from the above case without any condition.

2. By December 31, 2012, the Defendant shall issue the Plaintiff to the head position of the sports head office of the instant employer by December 31, 2012.

3. The Parties shall not raise any objection to future civil, criminal and administrative measures in connection with the instant disposition (change of position).

B. On April 26, 2013, upon filing an application for commencing rehabilitation procedures with the Incheon District Court on May 31, 2013, the Defendant was decided to commence rehabilitation procedures (hereinafter “instant rehabilitation procedures”) by the said court 2013hap19 (hereinafter “instant rehabilitation procedures”), and the Defendant’s representative director C is deemed a custodian under Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), and was registered around June 5, 2013.

C. On July 15, 2013, the Plaintiff filed an application for indirect compulsory performance against the Defendant on the ground that the Defendant did not perform the duty of assignment order under the instant protocol of conciliation. On October 10, 2013, the said court rendered a decision as follows (hereinafter “instant order of indirect compulsory performance”). The said decision became final and conclusive on October 24, 2013.

1. The defendant shall, within 21 days from the date of receipt of the decision of this case, issue a transfer of the plaintiff to the chief class of the defendant's game head office.

2. In a case where the Defendant did not perform the obligation under paragraph (1), the Defendant would pay to the Plaintiff a sum of KRW 200,000 per day from the Do of the period specified in paragraph (1) to the completion of the performance.

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