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(영문) 부산지방법원 2017.12.07 2016가단47429 (1)

약정금

Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from August 30, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

⒧. 피고 회사는 2012년경부터 제주도 서귀포시 C 아파트(이하 ‘이 사건 아파트’라 한다)를 신축하고 분양하는 사업을 하고자 했고, 원고는 피고 회사의 대표이사인 D과 알게 되면서 2013년 3월부터 피고 회사의 직원으로 근무하면서 이 사건 아파트 신축을 위한 사업부지의 선정과 매입 및 분양 업무를 하던 중, 2014년 1월경 퇴직하였다.

d. The Plaintiff and the Defendant Company agreed to the following terms and conditions around February 2014:

The Plaintiff and the Defendant Company enter into an agreement with respect to the construction and sale of the apartment of this case (hereinafter “instant agreement”) as follows:

1. The Defendant Company shall pay the Plaintiff KRW 30 million by February 15, 2014.

2. If the sale rate of the apartment of this case exceeds 95%, the Defendant Company shall pay the Plaintiff KRW 170 million.

3. Where the sale rate of the apartment of this case exceeds 100%, within two months, the defendant company shall pay 200 million won to the plaintiff.

However, in the event that the plaintiff slanders and damages the apartment of this case and the business of the defendant company and the defendant company, the plaintiff shall pay twice the money received from the defendant company.

Secondly, the Defendant Company paid the Plaintiff KRW 193,390,000 in total,00,00 on February 14, 2014, and KRW 19,340,00 on December 19, 2014, and KRW 96,70,000 on April 1, 2015, and KRW 48,350,000 on April 30, 2015.

x. The apartment of this case was built by 701 households. At the time of the Plaintiff’s filing of the instant lawsuit, 93% price was sold in lots and 51 households were unsold in lots. At the time of the closing of argument in this case, 11 households were unsold in lots.

On October 20, 2015, one asset trust company has transferred ownership on the grounds of trust for 11 households unsold in lots.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, witness D's partial testimony, purport of whole pleadings

2. Determination

(a) argument;