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(영문) 수원지방법원성남지원 2020.09.23 2019가단220358
양수금
Text

1. The Defendant: 25,814,251 won to Plaintiff B and 5% per annum from July 26, 2019 to September 23, 2020; and

Reasons

1. Basic facts

A. The Plaintiffs are those who worked as a staff member of the corporate rehabilitation team of D law firm, and the Defendant is those who served as the secretary-general of the said corporate rehabilitation team from June 2013 to December 2018.

B. The Plaintiffs were not paid wages and retirement allowances from October 2018 to December 12, 2010, and Law Firm D sent to the Defendant the amount equivalent to KRW 7,435,080, out of the unpaid settlement amount to the Defendant of Law Firm D on June 14, 2019, an amount equal to KRW 7,435,080, to the Plaintiff A, KRW 25,814,251, respectively, and the Defendant was served around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 28, the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) The plaintiffs' assertion 1) The defendant worked for a corporate rehabilitation team in D law firm with D law firm, and entered into an internal settlement agreement between 70% of the corporate rehabilitation team and 30% of the remaining 30% of the total amount to be paid to D law firm for joint operation expenses. Since the defendant did not pay KRW 33,642,935 in total from October 2017 to December 2018, the law firm D has a claim for the above amount to the defendant. However, since the plaintiffs received part of the above settlement amount, the defendant is obligated to pay the above acquisition amount to the plaintiffs. (2) The evidence submitted by the plaintiffs alone is that the defendant should pay 30% of the total sales amount to D law firm.

or 30% of the sales of a corporate rehabilitation team is insufficient to recognize that the plaintiffs' claim is the amount of bonds, and there is no other evidence to acknowledge it.

Therefore, the plaintiffs' claims under the premise that D has a claim for settlement of accounts against the defendant are without merit.

B. On December 28, 2018, the Plaintiffs asserted by the parties to the preliminary claim are around December 28, 2018.

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