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(영문) 서울고등법원 2016.11.18 2016나2040567
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows. Thus, this court’s reasoning is identical to the reasoning of the judgment of the first instance except for partial revision as follows. Thus, this is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act

o In Part 2 of the Judgment of the first instance court, "The following facts do not conflict between the parties" shall be added.

o. The Defendant proposed the instant agreement to the Plaintiff under the circumstances where annual salary negotiations between the Plaintiff and the Defendant had not been concluded until February 28, 2014, because the Plaintiff was employed at least KRW 400 million as annual salary in 2014, and the Plaintiff was not at the financial position to pay it, and the Defendant was not at the end of February 28, 2014, which is the closing date of the contract. The Plaintiff and the Defendant did not regard the Plaintiff as the premise of the instant agreement that the Plaintiff would transfer to another organization within 2014, as the main reason for requesting the increase of annual salary was good for 2013. As such, the Plaintiff and the Defendant did not regard the Plaintiff as the premise of the instant agreement that the Plaintiff would transfer to another organization within 2014. In light of the fact that the Plaintiff would not normally have determined whether or not there was a separate agreement or its timing, it would be very low possibility that the Plaintiff would receive KRW 150 million as well as the lapse of 2014.

o The following shall be added to not more than 5 pages 4 of the judgment of the first instance court:

At the time of the formation of the instant agreement, the Defendant shall determine the truth of the contracting party based on B, the Plaintiff’s agent, and according to his testimony, the meaning of “the time of occurrence of interest” is “the time of occurrence of interest” in the instant agreement.

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