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(영문) 대전지방법원 2019.04.03 2018가합103031
퇴직금등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 18,935,470 to the Plaintiff (Counterclaim Defendant) and its related amount from August 26, 2017 to May 11, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The parties are companies established for the purpose of developing energy and environment-related technologies and using waste heat, etc. The Plaintiff is a person who served in the Defendant Company from around 2006 to August 11, 2017.

B. On April 22, 2014, C Co., Ltd. (hereinafter “C”) entered into a contract with the Defendant for manufacturing and installing WCF burning and SB boiler (hereinafter “instant plant”) at the Defendant’s factory located in Jeonnam Ma-gun (hereinafter “instant plant”) and manufacturing and installing the boiler between September 30, 2014 and November 2014.

(2) According to the above contract, for three months after the completion of installation, the parties agreed to conduct an inspection through a trial run. The employees of C and the Defendant and the Plaintiff, who were employed by the Defendant, were examined to verify whether the boiler in this case was operated around February 26, 2015.

(3) On March 29, 2015, C Representative F sent to the Plaintiff a letter of confirmation stating that “I would confirm that there is no error in the test of installation and performance of the instant boiler,” and that I would be able to receive money from other places on the face of the Plaintiff, and demanded the Plaintiff’s signature. The Plaintiff signed on February 26, 2015 and sent it again to F by facsimile without being indicated with the Defendant.

(4) On December 14, 2015, C filed a civil lawsuit (Cheongju District Court 2015Gahap23625) against the Defendant claiming for the amount of KRW 180,000,000 due to the instant boiler. The Defendant asserted that there was a defect in the boiler and claimed damages, etc. due to the performance of incomplete benefits.

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