(영문) 광주지방법원 2018.11.15 2018가합50135

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(영문) 광주지방법원 2018.11.15 2018가합50135

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 29, 2006, the Plaintiff entered into an agreement with the Plaintiff and the Defendant registered as a collaborative company with the Defendant and C Co., Ltd. (hereinafter “C”), and ordered electrical construction from C, the Defendant shall pay the Plaintiff the remainder after deducting 5% of the construction cost. The Plaintiff, while serving as the Defendant’s non-registered director, shall conduct on-site management, and the period during which the Plaintiff continues to exist as the collaborative company (hereinafter “instant agreement”).

B. The plaintiff entered the defendant on January 1, 2007 in accordance with the agreement of this case and the defendant's fulfillment of obligations under the agreement of this case, and the same year.

5. Around January 201, the Defendant paid the Plaintiff money pursuant to the instant agreement by March 2010, but did not thereafter pay the money.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 10, 11, Eul evidence 3 through 11, 14 through 19, witness D's testimony and the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion 1) Although the Defendant was obligated to pay the Plaintiff money with the exception of 5% of the construction cost ordered by C pursuant to the instant agreement, the Plaintiff did not pay the money after March 2010. Moreover, the instant agreement was not terminated on the ground that the Plaintiff did not have a duty to manage the site pursuant to the instant agreement, and as long as the Defendant was a collaborative company in C, the instant agreement still remains valid since it did not arrive at the completion date. Therefore, the Defendant is obligated to pay the Plaintiff the agreed money after March 2010. 2) Accordingly, the Defendant’s assertion that the Defendant was liable to pay the Plaintiff an on-site management as its executive officer pursuant to the instant agreement, even if the Defendant was to leave the Defendant on May 1, 2007 and did not perform on-site management, thereby failing to perform any of the obligations under the instant agreement.

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