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(영문) 부산지방법원동부지원 2013.12.18 2013가단15021

수수료

Text

1. The Defendant shall pay to the Plaintiff KRW 20,00,000 as well as 20% per annum from July 5, 2013 to the time of full payment.

Reasons

1. Basic facts

A. The defendant is a company that runs a comprehensive financial design consulting service business.

From April to May 2012, the Plaintiff received proposals from the Defendant to work as the head of the headquarters in Seoul while engaging in the business of the Defendant company in Busan. The Plaintiff responded to such proposals from September 2012 to March 2013. The Plaintiff served as the head of the general headquarters of the Defendant company from September 2012, and was dismissed from his office in April 2013.

B. The Defendant paid KRW 20 million to the Plaintiff around September 11, 2012, immediately after the Plaintiff was enrolled Seoul Metropolitan Area and the Defendant’s overall manager.

C. On May 31, 2013, the Plaintiff agreed between the Defendant and the Defendant that “the Defendant shall pay to the Plaintiff the amount equivalent to 1.1653% of the investment attraction fund for Shinsung Co., Ltd. up to May 31, 2013 the amount of KRW 3,524,00,000,000, to the effect that the Plaintiff would no longer bring an issue corresponding to interference with business,” and issued a letter stating the same to the Defendant.

On May 31, 2013, the Defendant paid KRW 14,077,080 to the Plaintiff out of the above KRW 3,5240,00,000, and KRW 1,162,920 is the amount to be withheld as business income tax, etc.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 2, Eul evidence 2, 3, and 7, part of the witness C's testimony (except for the part not trusted in the front) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. On May 31, 2013, the Plaintiff asserted that: (a) the Plaintiff sought payment of KRW 14,077,080, which the Defendant agreed to pay to the Plaintiff, and KRW 1,162,920, which is subject to withholding tax; and (b) the remainder of KRW 20,000,000,000, which was paid by the Defendant on September 11, 2012, the Defendant paid to the Plaintiff as subsidies.

As to this, the defendant paid 20 million won to the plaintiff around September 2012, in the name of the housing fund to the plaintiff.