약정금
1. Defendant B Co., Ltd.:
(a)payment of KRW 40,000,000;
B. From December 1, 2017 to October 31, 2019
1. On October 10, 2016, the Plaintiff’s basic facts were serving as the representative director in Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the main business objective of the construction business of electricity and telecommunications, and on the end of March 2017, the Plaintiff retired from March 2017, and the Defendant C, who is a de facto manager of the Defendant Company, did not dispute between the parties, or can be recognized by comprehensively taking account of the overall purport of the pleadings as well as the witness D’s testimony.
2. Assertion and determination
A. 1) The Plaintiff was appointed as the representative director of the Defendant Company as the actual manager of the Defendant Company, and thereafter, the occurrence of infertility between the Defendant Company and C was made, and accordingly, the Plaintiff trusted to the promise to pay the remaining annual salary that was originally promised to the Plaintiff upon retirement of the Plaintiff with his retirement to the Plaintiff, and the Plaintiff retired from the Defendant Company. In addition, Defendant C concurrently assumed the above obligation of the Defendant Company, and thus, is jointly and severally liable to pay the said amount to the Plaintiff. As such, the Defendants had the obligation to pay the said amount jointly with the Defendant Company. Even if the said agreement is not acknowledged, the Defendants had the intent to withdraw the Plaintiff, and thus, joint tort should be committed. (2) Although there was a small agreement between the Plaintiff and the Defendant Company on the payment of money after retirement with respect to the Plaintiff’s retirement from office, the agreement was not reached due to the failure to comply with the agreement.
Even if the agreement was effective, it should be deemed that the Plaintiff entered into an employment contract that provides the Defendant company with consideration by taking advantage of its business capacity as the adviser of the Defendant company so that the Defendant company may receive orders for construction works. However, since the Plaintiff’s verbal abuse, intimidation, etc. against the Defendants and thereby the trust relationship has disappeared, the employment contract will continue any longer.