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(영문) 광주고등법원 2019.07.12 2018나26078
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 7, 1975, the Plaintiff joined C Co., Ltd. (hereinafter “C”) and worked for about 20 years, and retired on March 31, 1995. Around that time, the Plaintiff established and operated the limited liability company E (F, the spouse of the Plaintiff, is the representative director, and is the company actually operated by the Plaintiff; hereinafter “E”).

On October 198, 1998, the Plaintiff registered E as a collaborative company of C (Mining main factory), and E was able to receive electrical construction from C from that time.

B. On January 21, 199, the Plaintiff agreed that D shall actually execute the electrical construction ordered by E from D, and the construction amount shall be distributed at the ratio of Plaintiff 25% and D75%.

C. When E loses the status of collaborative company C in 2006, the Plaintiff, on November 29, 2006, registered the Defendant as collaborative company C, and then ordered electrical construction from C in the Defendant’s name after the Plaintiff registered the Defendant as collaborative company C, the Defendant paid the remainder of money after deducting 5% of the construction cost from the Plaintiff, and the Plaintiff agreed that the Plaintiff shall be liable for the portion of electrical construction execution while serving as the Defendant’s non-registered director.

(hereinafter referred to as the “instant agreement,” and the Defendant’s electrical construction ordered as a collaborative company C is referred to as the “instant electrical construction”). The main contents of the instant agreement are as follows.

Basic Agreement (Evidence A1)

1. Installments: 5% of the construction cost excluding surtax;

2. The plaintiff's position: The defendant's non-registered director;

3. Succession to field employees: Succession to the defendant.

4. Settlement: Payment in accordance with a written request for site operation expenses which the plaintiff submitted in advance after receipt of construction expenses from the defendant's passbook.

5. 1) The defendant: The plaintiff's external responsibility 2) : On-site related matters - On-site wages, on-site expenses, various accidents, etc.

6. The term of validity of an agreement: During the subcontractor.

D. On November 30, 2006, the Plaintiff changed the owner of electrical construction from E to the Defendant between D on November 30, 2006.

subsection (b) of this subsection.

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