약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Determination as to the cause of claim
A. Facts of recognition 1) The defendant corporation C (hereinafter "C")
) The E-Temporary Branch of Trade Union C non-regular (hereinafter referred to as the “Non-regular Branch of Trade Union”) is comprised of workers belonging to the subcontractor and workers belonging to the C-In-house subcontractor.
(2) Around July 2012, the Plaintiff entered into a delegation agreement with the Defendant.
(hereinafter “instant 1 lawsuit delegation contract”). The main contents of the instant 1 lawsuit delegation contract are as follows.
The defendant, the delegating party C Co., Ltd. to confirm the case name of the delegation contract, shall conclude the delegation contract concerning the handling of the case in the first, second, and third instance of the above indication case as follows:
Article 1 [Purpose] A shall agree to a plan for the illegal temporary placement and elimination of a trade union to improve the common rights and interests of its members and delegate the processing of the above case (hereinafter referred to as "entrusted affairs") to B, and B shall accept it.
Article 6 (Advanced Remuneration) (1) A shall pay 700,000 won (including value-added tax) to B at the same time as the delegation contract is concluded.
Article 7 (Remuneration for Performance)
(a) When the delegated affairs of contingent remuneration have won success in judgment, judicial or extra-judicial reconciliation (including decisions of recommending reconciliation), mediation (including decisions in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:
(1) In cases of winning all or some of the winnings: An amount calculated by the winning ratio (excluding value-added tax): The amount equivalent to 3% of the economic gains accrued from winnings, and the large amount (excluding value-added tax) out of 500,000 won (excluding value-added tax) of the economic gains accrued from winnings.
(b) If the award is considered to be a winning: It shall be considered to be a winning in the following cases, and shall be paid the contingent remuneration as set out in the above paragraph (a):
(1) Section B shall perform affairs delegated by it.