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(영문) 광주지방법원 2017.04.26 2016가단517965
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Defendant entered the Defendant Company as a managing director in charge of the business, and entered into an employment contract under which the Defendant would receive 30% of the fixed wage of KRW 1 million per month and the profit of the construction works which the Plaintiff operated and received by the Plaintiff as a business incentive.

B. The plaintiff ordered construction as follows, and the construction profit is as follows.

1) 5th and May 201: 1.: 06th and 7th day of low temperature warehouses, freezing and freezing facilities (10,000 won for construction works) located in Gwangju Metropolitan City, Gwangju Metropolitan City, : 00 won for freezing and freezing facilities (10,000 won for construction works) and 20% for enterprises: 1.6th day of January, 201: 28,000, 00, 030,000 for construction cost - 1,760,00,000 - 1,760,000, 200, 200, 1629, 162,00,000 for construction expenses (2,00,000, - 162,00,000, -16,197, 304, -197, -204, -400,000 won for construction works.

C. Of the above construction works, the sales incentives that the Defendant is obliged to pay to the Plaintiff in KRW 101,694,273 of the total amount of each construction profit of KRW 30,508,280 (= KRW 101,694,273) are calculated as KRW 30%, and if the Defendant deducts KRW 3,00,000 paid to the Plaintiff, the sales incentives that the Defendant is obligated to pay to the Plaintiff are KRW 27,508,280.

2. The defendant company asserted that the defendant company entered into an employment contract between the plaintiff and the plaintiff, but the plaintiff's claim is excluded from the part where the loss occurred, and not only the part where the profit occurred but also the above E and G construction are compensated for the defect repair.

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