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(영문) 서울동부지방법원 2019.08.30 2018가단120750
약정금
Text

1. The Defendant’s KRW 78,750,00 for the Plaintiff and KRW 15% per annum from June 23, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The defendant is an incorporated association under the Civil Act with the main purpose of widely spreading sports events to the people, supporting and fostering athletes and their organizations, and training outstanding players.

The plaintiff was employed by the defendant around 2002 and was employed as a worker until March 2018.

B. On December 26, 2017, C was appointed as the Defendant’s director, and the certified transcript of corporate register states “no representative authority other than directors C” as the certified transcript of corporate register.

C. Around March 2018, C proposed that the Plaintiff be removed on the condition that he would receive retirement consolation benefits, and the Plaintiff and C set KRW 105,000,000 corresponding to the ordinary wage for 24 months as retirement consolation benefits at the end of the discussions on retirement consolation benefits.

In submitting this time, I will present an agreement with the Defendant on the receipt of retirement consolation benefits and other retirement as follows:

1. The Defendant agreed to deposit retirement consolation money of KRW 1.5 million with the Plaintiff in the Plaintiff’s retirement pension account by April 30, 2018.

2. After the receipt of retirement consolation money, I may waive the claim against the defendant, such as monetary claims, etc., and may not commit any act relating to the honor of the defendant.

3. The principal shall not issue any illegality of his retirement benefits even after the receipt of the retirement benefits, and shall re-approve that his retirement is a retirement based on his voluntary will.

On March 30, 2018, the Plaintiff received a written agreement of retirement consolation benefits (Evidence A(Evidence A(Evidence 1) and a desired retirement allowances form (Evidence A(Evidence 2) from D, which was the head of the Defendant’s office, and entered his name, resident registration number, address, position, and date in the public column, and issued it to the Defendant.

The form of retirement consolation benefits agreement was written as follows:

E. The Defendant, around June 2018, is only KRW 26,250,00,000 for retirement consolation benefits to the Plaintiff.

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