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(영문) 대구지방법원서부지원 2017.07.12 2016가단19064
약정금
Text

1. The Defendant: (a) KRW 14.5 million to Plaintiff A; (b) KRW 15 million to Plaintiff B; and (c) each of them, from December 3, 2016 to July 2017.

Reasons

1. Facts of recognition;

A. On May 20, 2014, Plaintiff A entered and worked in D Co., Ltd. (hereinafter “D”) and retired from office on May 19, 2016. As such, Plaintiff A agreed to pay KRW 14,500,000,000, including retirement allowances and dismissal allowances, to Plaintiff A.

B. On May 21, 2014, Plaintiff B was employed as a member of D on May 21, 2014, and was dismissed on May 19, 2016, and D agreed to pay the Plaintiff B KRW 15 million, including retirement allowances and dismissal allowances.

C. On August 25, 2016, the Defendant issued to the Plaintiffs an agreement with the purport that “If D does not pay retirement allowances and dismissal allowances agreed upon to the Plaintiffs by August 28, 2016, the Defendant shall agree to pay them on behalf of D” (hereinafter “instant agreement”). D.

At the time, the instant agreement was prepared by E, the representative director of the defendant, and the seal of the representative director is affixed at the bottom, and the seal of the defendant's corporate seal impression is also attached.

E. D has not paid the Plaintiffs the agreed retirement allowance and dismissal allowance even until August 28, 2016, as stipulated in the instant agreement.

【Ground of recognition】 The fact that there is no dispute, each entry of Gap Nos. 1 and 2 (including each number), the witness E’s legal statement, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, as long as D did not pay the agreed retirement allowance and dismissal allowance to the plaintiffs, the defendant is obligated to pay each agreed amount and delay damages to the plaintiffs pursuant to the agreement of this case.

Therefore, the defendant is based on the ratio of KRW 14.5 million to Plaintiff A, KRW 15 million to the Plaintiff B, and the ratio of KRW 15 million to each of the following day after the copy of the complaint of this case was served on the Defendant. From December 3, 2016 to July 12, 2017, the sentencing date of this case, 5% per annum under the Civil Act, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

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