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(영문) 수원지방법원 안산지원 2018.01.25 2017가합5331

약정금

Text

1. As to KRW 200,000,000 and KRW 150,000 among them, the Defendant shall pay to the Plaintiff 5% per annum from January 1, 2013 to February 8, 2017.

Reasons

1. Basic facts

A. C is a company with the purpose of developing, manufacturing, and selling aluminium pipes and yeast mills. The defendant is a company with the purpose of steel export and import business, steel products wholesale business, retail business, etc., and the plaintiff is a person who joined C on January 1, 2012 and retired on June 30, 2016.

C was merged with the Defendant on October 4, 2016.

(hereinafter referred to as “Defendant” without distinguishing between Co., Ltd. and the Defendant.

The Plaintiff, while holding office in D Co., Ltd. as an executive director who exercises overall control over the production affairs of Tlumin pipes and Switzerland pipes, installed manufacturing facilities of Tluminium and Tluminium joints with the Defendant’s racing factory as the Defendant’s representative director E at the time of leaving office as the Defendant’s proposal, and drafted a written agreement with the Defendant (hereinafter “instant agreement”) around June 201 with the Defendant (hereinafter “instant agreement”), and the main contents are as follows.

Since January 2012, the Plaintiff served as the head of a factory and the managing director at the Defendant's racing factory, and as the joint representative director from September 11, 2015.

Article 2

1. The defendant shall fulfill the following conditions to the plaintiff and simultaneously employ the plaintiff as an executive of the defendant.

(1) The annual salary (including the bonus) shall be one hundred and fifty thousand won.

(2) As a performance-based bonus, KRW 150,000 shall be paid at the time of completion of the company’s equipment and at the end of 2012, respectively.

(3) provide 1 per cent of the shares of the company as a deposit option.

Specific methods shall be separately determined. D.

around May 2012, the Defendant paid 150,000,000 piece rates to the Plaintiff.

In addition, the Defendant paid the Plaintiff the monthly wage of KRW 12,50,000 (amount calculated by dividing the annual salary of KRW 150,000,000 by 12 months) from July 2014, the Defendant paid only KRW 11,250,000 from August 2015 to June 2016, and only KRW 5,625,000 from August 2015 to June 2016.

E. The defendant shall pay 5,625,000 won per month at the time of the plaintiff's retirement as average wages to the plaintiff as retirement allowance 25,041.