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(영문) 수원지방법원 안산지원 2017.02.03 2016가단16719
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from June 9, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The defendant is a corporation that is engaged in the business of consulting about the use, development, and trading of real estate, and the plaintiff was working as the head of the team in the defendant company.

B. The Defendant entered into a service contract related to the development of the land for a factory in the E unit in the period of harmony with Nonparty C (D representative) and agreed to pay KRW 25,000,000 to the Plaintiff in return for the amount corresponding to the Plaintiff’s performance by recognizing the Plaintiff’s performance on the above service.

(hereinafter referred to as “instant agreement”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 25,000,000 under the instant agreement and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 9, 2016 to the date of full payment, as claimed by the Plaintiff, following the delivery of the original copy of the instant payment order, as claimed by

3. The defendant's assertion argues to the purport that the plaintiff's claim of this case is unjustifiable, since the plaintiff had already filed a lawsuit identical to this case, but has been terminated as the plaintiff's loss.

According to the overall purport of evidence Nos. 1 and 2 and the arguments, the plaintiff filed a lawsuit against In-house Director F, a representative of the defendant (U.S. District Court Decision 2015Kadan10882). The plaintiff asserted in the lawsuit that the agreement of this case was only made as the representative of the defendant, and that the agreement of this case was not made as an individual. The court accepted the above argument of F and rendered a judgment dismissing the plaintiff's claim on Oct. 6, 2015. The plaintiff appealed, but the court dismissed the plaintiff's appeal on May 17, 2016.

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