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The defendant's KRW 409,017,920 for the plaintiff and 5% per annum from May 28, 2019 to December 10, 2020 for the plaintiff.
Reasons
1. Basic facts
A. The Defendant (hereinafter “Defendant Company”) is a stock company established for the purpose of selling hydrotension-related machinery, general industrial machinery, and parts manufacturing. The Plaintiff joined the Defendant Company in around 2001 and served at the Defendant Company’s business team, etc., and retired from the Defendant Company on January 2018.
B. Around 2011, Defendant Company agreed to pay to the Plaintiff an amount equivalent to 2% of the contract performance amount received by the Plaintiff for the Defendant Company as incentives (hereinafter “instant incentive arrangement”). Accordingly, from around the time of the agreement to December 2013, Defendant Company paid all incentives to the Plaintiff regarding the contract performance amount received by the Plaintiff.
C. From January 2014 to June 2017, the Plaintiff received for the Defendant Company the contract performance of KRW 23,200,896,000 in total (excluding the amount that was not eligible for incentives due to contract cancellation, etc. out of the total contract performance amount of KRW 24,361,50,000) on behalf of the Plaintiff. The Defendant Company paid only KRW 30,000,000 as incentives for the contract performance of the Plaintiff on July 2, 2015, KRW 20,000,000 on September 25, 2015, and KRW 5,000,000 on October 21, 2016.
On the other hand, on March 31, 2019, Defendant Company was sentenced to imprisonment with labor for 10 months at Suwon District Court (U.S. District Court Decision 2018No7066 decided Oct. 24, 2019). On the other hand, Defendant Company’s representative director C of the Defendant Company, including the Plaintiff, did not pay KRW 33,630,440 to 26 workers belonging to the Defendant Company, including the Plaintiff, and the aforementioned conviction became final and conclusive as it is, due to the dismissal of the appeal by C by the Supreme Court.
(Supreme Court Order 2019Do16410 dated December 17, 2019).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, 12, 13, Eul evidence Nos. 1, 3, 6, and 13 (including each number if any).