약정금
1. Defendant B Co., Ltd. shall pay 18,412,500 won to the Plaintiff and 15% per annum from April 5, 2017 to the date of full payment.
1. Facts of recognition;
A. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company selling a chemical D apartment (hereinafter “E”) in Sungsung-si, and Defendant C is a person who is in charge of the sales practice by directly holding the office as the employee of the Defendant Co., Ltd. as the head of the department.
B. On June 2016, Defendant C requested the Plaintiff to recommend the sale of apartment units, and if the Defendant Company successfuls in the sale of apartment units upon the Plaintiff’s introduction, Defendant C promised to provide KRW 24 square meters per case, and KRW 5 million per case.
C. Accordingly, upon introducing the Plaintiff’s introduction, the Defendant Company concluded ① 113 Dong 902 (F), ② 113 Dong 113 Dong 13, 1402 (F), ③ 113 Dong 1403 (24 Dong 24, G or H), ④ 113 Dong 403 (24, 113 Dong 113, 403 (24), ⑤ 113 Dong 802 (24, I), 606 (24, 24), 801 (24, 102 Dong 901 (24, 102), 7 101 Dong 606 (24), 101 Dong 902 (24, 24), 902 (24), 904 Dong 104, 103 Dong 104 (24, 2440 Dong Dong 104, 3014) or 40 Dong 1414, etc.
From October 2016 to February 2017, Defendant C paid KRW 13,587,500, among the fees agreed to the Plaintiff five times between Defendant C and Defendant C.
【Ground for Recognition: Facts without dispute; entries in Gap's evidence 1 through 7 (including paper numbers); voice recordings; Eul's testimony; and the purport of whole pleadings】
2. Determination:
A. According to the facts of recognition, it is clear that Defendant C’s work related to the sale of E as an employee of the Defendant Company is the business of the Defendant Company, and even if Defendant C promised to pay the Plaintiff the sales commission around June 2016, it is reasonable to view that the act was performed within the scope of work as an employee of the Defendant Company and constitutes an agreement on behalf of or on behalf of the representative director
Therefore, as agreed upon by the Plaintiff, the Defendant Company totaled KRW 32,00,000 = 9x. 9x.