(영문) 서울남부지방법원 2018.06.14 2017가단238527



1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.


1. On March 1, 2015, the Plaintiff, the president of the KCAB, entered into an employment contract with the Defendant. The main contents of the contract are as follows.

(hereinafter “instant contract”). Article 3 (Purpose of this Agreement) The purpose of this Agreement is to guarantee the wages and the contract period of Party B (Defendant).

Article 4 (Term of Contract) The term of this Agreement is from March 1, 2015 to December 31, 2025.

Article 9 (Income) (1) A shall pay 15,00,000 won to the head of Tong/Dong each 15th day of each month.

(3) The amount referred to in paragraph (1) shall mean the amount of money actually received after deducting the worker's share from the worker's wage among taxes imposed on B and the four major insurance public charges, including the health insurance fees, from the amount of wages imposed on B.

Article 10 (Income Return, Withholding, and Year-End Settlement) (2) After the expiration or termination of this contract, the tax imposed on the wages that B received during the contract period through year-end settlement, tax administration, etc. shall not be claimed by Party A and B.

Article 15 (Violation of Contract) (1) In any of the following cases, A shall be deemed to have violated this contract during the term of this contract:

1. Where A is dismissed as B;

8. Where A terminates this contract, Article 16 (Indemnification) (1) If A breaches this contract, B shall have the right to claim damages against A.

(3) The damages shall be as follows:

1. Where a Party A violates this Agreement in 2015, the amount of damages shall be KRW 400,000,000;

④ The damages under paragraph (3) are determined by the agreement with Gap in consideration of the remaining wages of Eul, the damage during the contract period, and the loss of opportunity for commencement and employment due to the increase of age of Eul, mental damage, etc. arising from the violation of this contract.

(5) On paragraphs (1) through (4), A shall not raise any objection or criminal lawsuit to B.

On July 2, 2015, the Plaintiff is an agent.