(영문) 청주지방법원 2015.12.02 2014가합26566

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(영문) 청주지방법원 2015.12.02 2014가합26566

약정금

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1. The Defendant’s KRW 143,875,114 among the Plaintiff and KRW 100,000 among them, shall be KRW 43,875,114 on June 10, 2014.

Reasons

1. Basic facts

A. From September 2007 to June 2013, the Plaintiff worked in the “D” company operated by the Defendant (hereinafter “D”) who is a dynamic in the Chungcheongbuk-gu, the Plaintiff was engaged in the mixing of core raw materials, which is a core material product that manufactures the “leman Fickert”, an agent’s construction tool, while serving in the “D” company.

B. On February 5, 2014, the Plaintiff prepared the following written oaths (hereinafter “instant agreement”) with the Defendant, and E, the Plaintiff and the Defendant, signed on the guarantor column of the instant agreement.

1. The plaintiff and the defendant are familiar with the following and make the highest effort in mutual cooperation:

2. The defendant shall pay 4 million won per month to the plaintiff.

3. The Defendant shall pay KRW 1,000 per each time of sales of the products produced by the Plaintiff (the products of this case, hereinafter “the products of this case”) to the Plaintiff, and shall be paid by settling accounts for the following month.

4. The Defendant shall pay to the Plaintiff a total of KRW 50 million for the first time in December 2014, in December 2017, as the first time in December 2017, and shall pay to the Plaintiff a total of KRW 200 million for four years.

5. 50% of net profit of stone-free products (hereinafter “instant stone-free products”) shall be paid to the Plaintiff in the following month when settlement of accounts is made.

6. He/she promises not to transfer the technology to the same business and other industries, and confirms that the content of a written oath shall be mutually observed.

7. If the above-mentioned contents are not observed, the name of father who is an investor of the company shall be as follows.

C. The Defendant sold the instant product at a price between KRW 45,00 and KRW 54,450 per unit. Sales in the year 2013 of the instant product was equivalent to KRW 1.3 billion, and sales in the year 2014 exceeded the previous year. The Defendant raised KRW 140,000,000 from the net profit of the year 2014 as the instant stone-free product.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The assertion and judgment

A. The defendant asserts that the plaintiff is entitled to the agreement of this case.

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