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(영문) 서울중앙지방법원 2019.03.28 2018가합500091
약정금
Text

1. The defendant is against the plaintiffs:

A. As to each of the pertinent money and each of the said money stated in the separate sheet 2.

Reasons

1. Basic facts

A. The parties concerned are companies that engage in financial investment business, such as investment trading business and investment brokerage business, and the plaintiffs were in charge of the investment business of real estate development projects at the financial headquarters of the defendant company's structuralization (hereinafter "the department of this case"). The plaintiffs B was the head of the department of this case, the plaintiff C was the head of the structuralization financial team, the plaintiff C was the head of the structuralization financial team, the plaintiff D was the head of the team of the project financing team, and the remaining plaintiffs were employed as the team members, respectively.

B. Upon entering into an employment contract with the Plaintiffs, the Defendant paid performance-based bonuses, other than annual salary, on the basis of company performance-based and individual evaluation, etc. (Article 7(8) of the Employment Contract and annual salary contract) and the purpose of Article 56(2) of the Rules of Employment of the Defendant is to provide for the same purpose. (2) The Defendant enacted guidelines on performance measurement and compensation on April 1, 2009 for the rational measurement and compensation of performance. According to such guidelines, the Defendant’s compensation for profits generated in the course of performing the Defendant’s business activities (hereinafter “performance-based compensation”) was performed by each department that performs individual business activities, and the performance-based bonuses are determined by multiplying the performance-based profit and loss by the performance-based compensation ratio, and the specific performance-based performance-based compensation ratio and payment period, method of reservation, etc. shall be determined by the division in charge of management and management after consultation with the pertinent department and the representative director.

(Articles 12 through 15). The amount paid in the formula of piece rates distributed from the business performance rates of teams within the headquarters belonging to the headquarters head office to the headquarters = Financial resources x the adjustment coefficient of piece rates: The total piece rates of the headquarters.

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