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1. The Defendant’s KRW 38,238,152 as well as the Plaintiff’s KRW 6% per annum from December 17, 2013 to August 22, 2014.
Reasons
Basic Facts
On August 16, 2012, the Plaintiff entered into an employment contract (hereinafter “the first contract”) with the Defendant on the condition that the Plaintiff will perform overall duties in relation to the overall work of HVA Corporation from August 16, 2012 to the completion date (determined to December 30, 2012). Accordingly, the Plaintiff, from around August 2012 to around May 2013, when performing official duties at the D factory renovation and construction site (hereinafter “instant site”), was discharged from the Defendant’s Republic of Korea on August 21, 2013, and the Plaintiff would be paid KRW 6,154,00 for the same period from the date of the instant contract to the date of completion (hereinafter “the date of the instant contract”). Accordingly, the Plaintiff entered into the employment contract with the Defendant on August 21, 2013 (hereinafter “the date of the instant contract”). In return, the Plaintiff was paid KRW 70,000,000 for the same work as the instant contract.”
The Plaintiff, the client of Algeria, was in charge of negotiating with Algeria in order to fully recognize the origin of the construction works (MVR) executed by the Defendant and C at the construction site of this case by the Defendant and C.
[Ground of recognition] Unsatisfy, Gap 1-3's statements and the purport of whole pleadings.
According to Gap 3-7's judgment on the performance rate claim of KRW 38,238,052, the plaintiff and the defendant agreed at the time of concluding the second contract that "the additional MVR was submitted and approved after May 2, 200, the defendant shall pay 2% incentive (in performance rating) of the amount of additional approval to the plaintiff" (Article 9 (1) of the Special Agreement in Article 3), and the defendant and C after that, on June 30, 2013, the defendant and C were approved as MVR 7,237,532.59 Zdddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd.