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(영문) 대구지방법원 김천지원 2018.05.30 2018가단899

성과금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. From August 1, 2015 to May 30, 2017, the Plaintiff served as an office worker in C (a trade name after modification: D Co., Ltd.; hereinafter “instant company”). The Defendant, the representative director of the instant company, agreed to pay the Plaintiff a performance bonus, including ① 30% of the proceeds from the successful bid for solar power generation and electrical construction, ② 30% of the proceeds from the contracts on the site for solar power plants, and ② 30% of the proceeds from the contracts on the site for solar power plants.

B. Following the Plaintiff’s performance of duties, there was a revenue of KRW 240,000,000,000 from solar power plant site contracts, including 250,000,000,000,000,000 from solar power plant site contracts, including Kimcheon-si, Kimcheon-si, and 6.775,00,000,000 won. The Plaintiff seek payment of the amount stated in the purport of the claim as part of 30% of the revenue to the Defendant

2. On the basis of the determination, even if there was an incentive agreement as asserted by the Plaintiff, it shall be deemed that the pertinent business is liable for payment on the premise that the actual profits have accrued from the pertinent business. There is no evidence to deem that the instant company had already occurred the proceeds as claimed by the Plaintiff by receiving the bid for solar power generation and electrical construction or entering into a contract for the site of solar power plant. It is difficult for the parties liable for the payment to be deemed as the Defendant, the representative director,

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.