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(영문) 울산지방법원 2018.11.08 2018나23391

약정금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings in the statement No. 1, the following facts are recognized.

1) The Defendant is a Hyundai Motor Vehicle Co., Ltd. (hereinafter “Modern Motor Vehicle”).

(2) The term “non-regular car sub-chapters” refers to the term “non-regular car sub-chapters” (hereinafter referred to as the “non-regular sub-chapters”) consisting of workers belonging to the subcontractor and workers belonging to the company.

(2) Around 2010, the Plaintiff entered into a contract on the delegation of lawsuit with the Defendant for the first, second, and third instance of the claim case (hereinafter “instant contract on the delegation of lawsuit”) with regard to the status of workers in modern automobiles, by setting the contingent remuneration as “3% of the economic gains derived from the lawsuit in the event that the delegated affairs succeed through judgment, judicial, and extra-judicial reconciliation, mediation, etc.” and “the maximum amount of the value-added tax (excluding value-added tax)” respectively.

3) The Plaintiff, on behalf of the Defendant, filed a lawsuit against the Seoul Central District Court to verify the status of modern automobiles, and the Seoul Central District Court rendered a judgment in favor of the Defendant on September 18, 2014 that “The Defendant confirmed that he is an employee of modern automobiles, and Hyundai Motor is paying KRW 20,533,753, and damages for delay thereof,” (Seoul Central District Court 2010Kahap112450).

(4) On March 2016, where the appellate court had been pending in each of the instant cases, Hyundai Motor was a non-regular branch and a settlement other than judicial matters. The Defendant withdrawn the said lawsuit following a settlement other than the above, and was employed as a full-time employee of Hyundai Motor.

B. According to the above facts, the defendant is employed as a full-time employee of modern automobiles through reconciliation, and the conditions for the payment of the contingent remuneration stipulated in the contract of this case are stipulated in the contract of this case.