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(영문) 수원지방법원성남지원 2016.06.02 2015가단219275
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 150 million and the interest rate of KRW 150 million per annum from October 15, 2015 to the day of full payment.

Reasons

1. Obligation to pay agreed amounts;

A. Facts 1) The Plaintiff was working as a professional axis player belonging to the Sung-nam professional axis group, and the Defendant took over the aforesaid team on January 2014, and created a "Snam FC professional axis group". Around that time, the Defendant and the Defendant entered into a contract with the Defendant for professional axis player with the period of contract from January 1, 2014 to December 31, 2016. Gohap’s letter team (the Plaintiff) implement the following matters at the time of transfer. 1. The former team pays KRW 150 million to the player at the time of transfer of the player as the other team within the contract period. 2. The above amount is paid within two weeks after the completion of all procedures related to the transfer of the player’s name (the completion of the registration of the player), and the Plaintiff and the Defendant agreed separately with the Plaintiff on February 25, 2014 (the Plaintiff’s annual salary below 200 million).

3. After July 1, 2015, the Plaintiff transferred it to the “Maternal Emba-gu Emba-gu.”

B. According to the above facts of recognition, the defendant is obligated to pay KRW 150 million to the plaintiff according to the agreement of this case.

2. Judgment on the defendant's assertion

A. As to the assertion that the agreement has no validity as a side agreement, the defendant does not have validity since the agreement in this case violates the provisions of the Korean Professional Epician Association (hereinafter “the Association”) prohibiting side agreement.

2) It is recognized that Article 5(1) of the Protocol between the original defendants provides that the observance of all the regulations of the Federation shall be the obligation of the players, and that Article 2(3) of Chapter II of the Protocol provides that “All annual salary details shall be written in the contract, and only the specified contents shall be accepted.”

However, even if the agreement of this case was concluded in violation of the franchise agreement, the plaintiff or defendant is unable to assert its validity against the franchise, or subject to sanctions or disciplinary measures accordingly.

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