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(영문) 서울남부지방법원 2019.04.25 2018가합106488
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was an employee of D Co., Ltd. (hereinafter “D”) engaging in the cosmetic manufacturing business, and thereafter was the vice president (registration director).

B. Defendant C is a company engaged in manufacturing and selling cosmetics, and Defendant C is the representative director of Defendant C.

C. Defendant B introduced Defendant B, a corporation with sales networks in China, to D around May 2014, which led to the increase in sales volume.

Accordingly, D entered into an agreement with Defendant C, and D to pay 1% of the consumer price of cosmetics supplied to Defendant C as brokerage advisory fee, and paid 1,160,163,799 won in total to Defendant C from November 2014 to December 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 3-1, Eul evidence 3-2, the purport of the whole pleadings

2. The parties' assertion

A. On July 2014, the Defendants agreed to pay 50% of the commission for mediation advice received from the Plaintiff and D.

Of them, the payment of KRW 20 million is sought.

B. There is no agreement asserted by the Plaintiff, and such agreement is null and void as a juristic act contrary to good social order.

3. Determination

A. Each statement of No. 2-1 to 5 (each Messenger closure, the Plaintiff and Defendant B sent and received text messages, the content of which is simple and unclear) is insufficient to prove the agreement of the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

B. The agreement asserted by the Plaintiff is that the Defendants, either D’s employees or directors, were able to receive brokerage advisory fees from D, and as a result, paid a certain amount of brokerage advisory fees.

D was aware of the Plaintiff’s acquisition of such fees.

In the instant case without proof, such as that it was or was approved, the Plaintiff, a staff member or director of D, may be aware of it through the Defendants.

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