logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.06.24 2014가합6991
약정금
Text

1. The defendant shall be the plaintiff.

(a) KRW 459,900,501 as well as 5% per annum from September 30, 2014 to June 24, 2016; and

Reasons

1. Basic facts

A. (1) From September 11, 1995, the Plaintiff and the Defendant Company established the Defendant Company for the purpose of construction business, construction business, electrical construction business, etc., as well as the closed-circuit, sound facility construction business, software development business, “D” which is a closed-circuit, sound facility construction business, software development business, etc. from September 11, 1995. The Plaintiff has been working for D or Defendant Company from July 2004 to August 31, 2014.

(2) On July 8, 2004, the Plaintiff entered into a business agreement with C, and the scope of business and the main contents of profit distribution are as follows.

Article 1 [Scope of Business] This Convention is limited to all contracts related to contracts entered into between D and Hyundai Construction Co., Ltd. (hereinafter referred to as "Modern Construction").

Provided, That the following conditions shall also be included in orders of construction directly conducted by the Plaintiff, such as companies and institutions other than modern construction:

Article 2 [Distribution of Profits] C distributes to the Plaintiff an amount equivalent to 5% of the contract value of modern construction.

Within seven days from the date of the contract for the construction work awarded by the defendant company shall be deposited into the plaintiff's passbook.

(3) On July 6, 2009, the Plaintiff entered into an agreement with the Defendant Company, and the main contents of the basic remuneration, content of services, and payment of remuneration are as follows.

Article 2 (Basic Remuneration) The defendant company shall pay the basic remuneration of KRW 3 million per month, regardless of the plaintiff's work performance.

Article 3 (Contents of Plaintiff’s Services)

1. In principle, this Agreement is limited to all orders of construction relating to contracts entered into between Defendant and Hyundai Construction.

Provided, That this shall also apply to orders for construction works directly conducted by the plaintiff, such as modern construction companies and institutions, etc.

Article 4 (Payment of Remuneration) The Defendant Company shall pay to the Plaintiff an amount equivalent to two to three percent of the total amount per share of Hyundai Construction (including other companies and institutions).

The plaintiff shall be paid within 30 days from the date of the contract for construction works awarded.

arrow