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(영문) 인천지방법원 2015.07.02 2014가합1511

정산금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is an enterprise running the business of preparing a tender statement, which is a document to be submitted by the construction company in bidding at government-funded construction works. The Plaintiff was working at the Korea Construction Technology Research Institute and worked at D, an enterprise operated by C, and the Defendant Company established by the said C, after his withdrawal from around August 2010.

B. The registration of incorporation was made on June 15, 201, and the Plaintiff was registered as an internal director of the Defendant Company.

After November 9, 2012, the Plaintiff completed business registration with the trade name E, and at that time the registration of the resignation of the director of the Defendant Company was completed.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 3 and Eul evidence Nos. 5, the purport of the whole pleadings

2. The parties' assertion

A. A. Around August 2010, the gist of the Plaintiff’s assertion entered into a partnership agreement with C, which provides services to prepare a detailed statement of tender with D, and manages the service price upon receipt by C, and then pays 50% of its profits to the Plaintiff as the settlement amount. After which C established the Defendant Company, the Defendant Company acquired the contract.

Inasmuch as the partnership relationship terminated on January 10, 2014, the Defendant Company is obligated to pay to the Plaintiff KRW 285,759,50 [122,10,000 (15,000,000, which was unfairly deducted by the Defendant Company) from the proceeds of 2014 (50% of the amount of passbook entry from January 1, 2014 to January 10, 2014) (3) the outstanding amount of KRW 35,450,000,000 from the proceeds of the partnership (45,450,000,000) pursuant to the partnership agreement. < Amended by Act No. 12173, Jan. 1, 2014; Act No. 12173, Jan. 1, 2014; Act No. 13555, Apr. 95, 400, 500>

In electively, even if a partnership agreement between the plaintiff and the defendant company is not recognized, a labor contract was concluded between the plaintiff and the defendant company, and a separate incentive (in addition to the wage) is paid in addition to the contents of the labor contract.