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(영문) 창원지방법원마산지원 2020.04.01 2018가단107315

약정금

Text

1. The Defendant shall pay to the Plaintiffs each amount of KRW 21,00,000 and each of the above amounts, from November 29, 2018 to May 30, 2019.

Reasons

1. Basic facts

A. The Defendant paid KRW 21 million to Plaintiff B (hereinafter “E”) around April 17, 2017 to Plaintiff B (hereinafter “E”)

(2) Around April 19, 2017, Plaintiff B and the Defendant met D, etc. with the executive officer of the trade union of D, and D, who paid KRW 20 million to D, would be able to assist D to become a member of the Plaintiff B. The Plaintiff B made a false statement that “B is a member of the labor union of E, who is a member of the labor union, and is well aware of the chairperson of the labor union of E, may exercise influence over the employment of full-time employees. If intending to put the recommendation into a regular employee of E, it is necessary to pay teaching expenses. The amount of KRW 20 million for employment would be changed to D money.”

However, in fact, D was not a labor union representative of E’s general production workers, and was thought to use the money received in the name of employment solicitation for personal purposes, such as gambling fund, etc., by exercising influence on the above company labor union chairperson, etc., and therefore, D did not have any intent or ability to employ Plaintiff B as E’s employee even if receiving money from Plaintiff B.

3) On April 24, 2017, Plaintiff B paid KRW 20 million to the Defendant on the end of the aforementioned false statement in D, and on the same day, the Defendant deposited KRW 20 million into the F’s account managed by D. D’s account. 4) On October 2017, Plaintiff B became final and conclusive as Plaintiff B’s E employee status was determined, and it was necessary to pay KRW 100,000 for the personnel expenses of the office. The Defendant delivered the said request to Plaintiff B.

Accordingly, on October 9, 2017, Plaintiff B paid KRW 1 million to the Defendant, and the Defendant delivered the above KRW 1 million to D.

B. The Defendant, around May 6, 2017, paid KRW 21 million to the Plaintiff A to the Plaintiff, was able to assist the Plaintiff A to become an executive member of the Plaintiff E’s trade union, and if the Plaintiff paid KRW 20 million to D, it can help the Plaintiff to become a member of the Plaintiff E.