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(영문) 울산지방법원 2018.11.08 2018나23452
약정금
Text

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. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings in the statement No. 1, the following facts are recognized.

1) The Defendant is a Hyundai Motor Vehicle Co., Ltd. (hereinafter “Modern Motor Vehicle”).

(2) The term “non-regular car sub-chapters” refers to the term “non-regular car sub-chapters” (hereinafter referred to as the “non-regular sub-chapters”) consisting of workers belonging to the subcontractor and workers belonging to the company.

(2) Around October 2010, the Plaintiff and the Defendant entered into a contract on delegation of litigation with respect to the first, second, and third instances of Hyundai Motor (excluding value-added tax) by setting the contingent remuneration as “3% of the economic gains derived from litigation (excluding value-added tax) and 500,000 won (excluding value-added tax) in the event that delegated affairs succeed due to judgment, judicial, reconciliation, non-judicial mediation, etc.,” and having entered into a contract on delegation of litigation with the Defendant regarding the first, second, and third instances of Hyundai Motor (excluding value-added tax).

(C) On September 18, 2014, the Seoul Central District Court rendered a judgment in favor of the Defendant that “The Defendant confirmed that he/she is a worker of Hyundai Motor, and Hyundai Motor is paying KRW 16,559,907 and damages for delay thereof” (Seoul Central District Court 2010Da112450).

(4) On March 2016, where the appellate trial of the instant case was pending, the Hyundai Motor was a non-regular branch and a settlement other than judicial matters. The Defendant withdrawn the said lawsuit through a settlement other than the above-mentioned court, and was employed as a full-time employee of the Hyundai Motor.

B. According to the above facts, the defendant is employed as a full-time employee of modern automobiles through reconciliation, and the conditions for the payment of the contingent remuneration stipulated in the contract of this case are stipulated in the contract of this case.

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