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(영문) 춘천지방법원강릉지원 2015.09.23 2014가단202765
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a Chinese national marine seeds and seedlings production technician, and Defendant C is a real operator of Defendant C, who runs the business of producing marine seeds and seedlings.

B. On March 21, 2013, the Plaintiff entered into an agreement with Defendant C, which practically represented the Defendant Company, stating that “The Plaintiff is in charge of the production of marine seedlings while working for the Defendant Company from March 21, 2013 to June 30, 2014, and is to receive 15% of the sales of marine seedlings from the Defendant Company as profits” (hereinafter “instant agreement”).

[Grounds for recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings

2. Both claims and judgment

A. On the premise that the party to the instant agreement is the Defendant Company, both of the Plaintiff’s assertions (1) primarily, the Plaintiff sought payment of KRW 139,646,50,00, total amount of profits under the instant agreement (i.e., KRW 112,196,50, KRW 27,450, KRW 27,450,000, KRW 112,450, KRW 196,550, KRW 2014, KRW 2014, KRW 27,450, KRW 50, KRW 92,337,550, KRW 139,646,550, KRW 47,300, KRW 50, KRW 500, KRW 139,649,000, KRW 47,309,000) from the Defendant Company. (ii) In the event that the instant agreement is not a party to the Defendant Company, the Defendant Company is liable to pay the said amount.

As to this, the Defendants acknowledged that us in the instant agreement is the Defendant Company: Provided, that around December 30, 2013, the Defendant Company agreed with the Plaintiff to terminate the instant agreement, and paid all the proceeds that the Defendant Company would pay in accordance with the instant agreement, and thus, did not have any profits that the Plaintiff would have to pay.

B. (1) The Plaintiff’s primary assertion

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