beta
(영문) 서울중앙지방법원 2020.05.28 2019가합533357

임금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company with the main business of purchasing so-called NPL bonds which are set up, but which are difficult to repay voluntarily due to the obligor’s lack of financial resources, and acquiring real estate in a favorable position on the basis of this, and selling real estate at a high price again after acquiring it in a favorable position.

B. The Plaintiff joined the Defendant around June 2015 and served as a director until March 2017, and was in charge of investment business, such as the discovery of NPL bonds and real estate investment goods.

C. On December 21, 2015, the Defendant purchased at KRW 17,014,648,463 a claim secured by a logistics warehouse on five parcels, other than the wife population C, and on the ground thereof (hereinafter “instant claim”).

The person in charge of the investment recommendation is the plaintiff and D.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff, as a member of the Defendant, agreed to receive 1% of the successful bid price in online business (auction and public auction) and 3% of the purchase price of real estate or bonds as piece rates when finding an investment project with the “use of monthly wage of one million won or KRW 1.5 million per month’s corporate card” as well as the “use of the corporate card in KRW 1.5 million per month.”

In fact, around September 2015, the Plaintiff purchased two parcels of detached housing land E located in Seongbuk-gu, Seongbuk-gu, Sungnam-si as a piece rate of money equivalent to 1.226 billion won and received 3% of the amount as a piece rate.

B. The plaintiff reviewed all matters concerning the claim of this case and proposed the purchase to the defendant.

On December 28, 2015, the Defendant purchased the bonds at KRW 17,014,648,463, and paid KRW 510,439,454, which is 3% of the piece rates, as the performance rates, the Defendant paid KRW 170,146,485.

Therefore, the Plaintiff is obligated to pay the remainder of KRW 340,292,969 and damages for delay.

3. Determination

A. The defendant.