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(영문) 부산지방법원 2018.12.19 2017가단13218

약정금

Text

1. The Defendant’s KRW 18,492,00 for the Plaintiff and 6% per annum from April 19, 2017 to December 19, 2018.

Reasons

1. Facts recognized;

A. The Defendant is a company established for the purpose of comprehensive financial design consulting services, financial product brokerage, sales business, etc.

The Plaintiff was commissioned as the head of Yong-Nam headquarters of the Defendant from September 2012, and was dismissed on April 11, 2013 and retired.

B. Around March 2013, the Defendant, as an investment issue, decided to attract investment in C (hereinafter “C”), was formed with respect to C with a total of KRW 3.78 billion. Of them, KRW 3.1 billion is the name of D and the remainder of KRW 680 million is the name of the partnership, E. Un. Until April 2, 2013, the Defendant was attracting investment of KRW 3.02 billion as D until April 2, 2013.

C. As to the above C investment, the Defendant promised to pay the initial fee (pre-paid fee) equivalent to the bonus for investment attraction to the investment attraction in another general item investment (the head of the headquarters 10.3%, the team leader 7%), unlike other general items investment (the head of the headquarters 9.3%, and the team leader 6%). Furthermore, the Defendant promised to additionally pay the business management performance fee (OR) at the time when the investment performance is completed later.

(The above business management performance bonus was paid to the superior manager at the meeting of April 1, 2013. In addition, at the meeting of the defendant on April 1, 2013, the FF vice president, who was the defendant's inside director and the actual operator, promised to pay the performance bonus to the retireds during the working period.

During the working period, the Plaintiff directly attractedd total of KRW 64,00,000 in relation to the above C investment, and during the period when the Plaintiff was the head of the headquarters, the Plaintiff was attracting total of KRW 456,00,000 in the Yong-Nam Headquarters.

[Reasons for Recognition] A’s 1-16 Evidence, Eul’s 1-3, and 10-12 Evidence, each of the response orders issued by this court, the witness G’s testimony, and the purport of the whole pleadings

2. Determination on the cause of the claim.