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(영문) 서울서부지방법원 2016.06.17 2015가단240365

약정금

Text

1. The Defendant’s KRW 65,00,000 as well as its annual 6% from August 26, 2014 to June 17, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On May 2014, the Plaintiff (formerly, the Plaintiff Company C) was a company operating an insurance agency. Around May 2014, the Defendant and the Defendant were commissioned as the head of the Ulsan Headquarters (Designer) newly established by the Plaintiff, and entered into an agreement with the Plaintiff to pay subsidies (the instant agreement).

The details of the instant agreement relating to subsidies, etc. are as follows.

- The Plaintiff shall pay to the Defendant a total of KRW 180,000,000,000 for prior project costs, KRW 62,000,00 for office work costs ( KRW 6,000,000 for x 12 months), and KRW 43,000 for office fixtures, including KRW 43,00 for office fixtures.

- As a condition for the payment of the subsidy, the defendant shall achieve the result of long-term sales of not less than KRW 600,000 (50,000 for the portion of the subsidy) of the adjusted settlement premium within two years.

- In the event that the defendant is dismissed within two years or the agreement of this case is terminated, the defendant shall immediately pay his unpaid obligation under the plaintiff's regulations.

- A subsidy may be granted in advance after legal measures are taken in order to secure the obligation of the Defendant and to secure the obligation arising therefrom, together with the provision of real estate security, establishment of collateral security, and notarial documents.

B. From May 12, 2014, the Defendant operated the Plaintiff’s business as the head of Ulsan Headquarters. According to the instant agreement, on May 15, 2014, the Defendant completed the registration of the establishment of a neighboring mortgage on an apartment owned by the Defendant with respect to the Plaintiff as the mortgagee, the maximum debt amount of KRW 180,000,000.

C. From June 2014, there was a dispute between the Plaintiff and the Defendant regarding the issue of registration of design code and working conditions, such as allowances, and D, which actually entered into the instant arrangement while operating the Plaintiff, without the Plaintiff’s consent, entered into a monetary loan agreement No. 150,000,000 won with the content that the Defendant borrowed from D without the Plaintiff’s consent (the instant authentic deed).

On August 25, 2014, the Plaintiff was notified of the preparation of the instant authentic deed.