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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. Basic facts
A. On November 18, 1999, the Defendant established C (hereinafter “C”) and served as the representative director of C until now, and the Plaintiff was employed as C’s director or internal director from November 18, 1999 to March 31, 2014.
B. (1) On October 1, 1999, the Plaintiff completed the registration of the establishment of a collateral bank consisting of the maximum debt amount of No. 351,00,000 won, the debtor Samsung Industries Co., Ltd., and the Korea Light Bank, on the ground of a collateral security contract on September 18, 1999 with respect to No. 106 of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, which owned by the Plaintiff.
(2) After that, on April 1, 2000, the debtor of the above right to collateral security was changed from Samsung Industries Co., Ltd. to C, and on March 18, 2005, the above right to collateral security was cancelled on the ground of termination on March 16, 2005.
C. On April 7, 2007, the plaintiff and the defendant prepared an agreement (Evidence A 2) with the following contents, and signed respectively in the above agreement.
(hereinafter “instant agreement”). At the time of the establishment of C, KRW 300 million shall be paid to the Plaintiff as compensation for the Plaintiff’s provision of security.
Of the above KRW 300 million, KRW 230 million shall be paid in 200,000 per month for 10 years, and the balance shall be paid within five years.
In addition, C's succession to the name city and the present representative director (defendant) are jointly and severally liable.
C paid a total of KRW 42 million (2 million x 21 times) to the Plaintiff from June 2015 to February 28, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 11, Eul evidence 14 and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the purport of subparagraph A’s statement and pleading, it is acknowledged that the Defendant agreed to pay KRW 300 million to the Plaintiff on April 7, 2007, and the Plaintiff received KRW 42 million from the Defendant from June 2015 to February 2017.
B. Therefore, the Defendant is obligated to pay the remainder to the Plaintiff KRW 258 million.