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(영문) 인천지방법원 2019.05.14 2018나4512
구상금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship 1) C was established as a corporate entity on April 6, 2009, when engaging in closed-circuits, sound facilities, and communications construction business with the trade name “D” from September 11, 1995, and the Plaintiff was established as a corporate entity. 2) The Defendant has been in office in business office from July 2004 to August 31, 2014.

B. On July 8, 2004, the Defendant entered into a business agreement with C on July 8, 2004, and among which the scope of business and the distribution of profits are as follows. Article 1 of the Business Agreement / [Scope of Business] This agreement / [E] shall be D and E (hereinafter “E”).

A) Only all orders for construction works related to the contract to be entered into between the parties, but also to orders for construction works made directly by the defendant, such as E outside enterprises or institutions, includes the following conditions. Article 2 [Distribution of Profits] C distributes to the defendant an amount equivalent to 5% of the E amount. Within 7 days from the date of the contract for construction works awarded, C deposits into the defendant’s passbook. 2) The defendant entered into an agreement with the plaintiff on July 6, 2009, and the main contents of the basic remuneration, contents of services, and payment of remuneration are as follows:

Article 2 (Basic Remuneration) of the Agreement shall pay the basic remuneration of KRW 3 million per month, regardless of the defendant's work performance.

Article 3 (Details of Defendant’s Services)

1. In principle, this Agreement is limited to all construction contracts related to contracts entered into between the Plaintiff and E.

Provided, That this shall also apply to orders of construction works directly conducted by the defendant, such as the E external enterprises or institutions.

Article 4 (Payment of Remuneration) The plaintiff shall pay to the defendant an amount equivalent to 2 to 3% of the total amount per share of E (including other companies and institutions).

The time of payment shall be deposited in the account number of the bank designated by the defendant within 30 days from the date of the contract for the received construction project.

(The amount of shares shall be at least 50 million won, 2%, and 3% shall be paid if the amount of shares is less than 500 million won.).

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