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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. C Co., Ltd (formerly changed: D Co., Ltd.; hereinafter “Nonindicted Company”) is a company established around December 6, 2012 and engaged in hedging, human resources supply, employment mediation, etc.
From the time of the incorporation of the non-party company to November 16, 2015, the Plaintiff served as the representative director of the non-party company and actually operated the non-party company.
B. 1) On December 1, 2013, the Defendant: (a) between the non-party company and the non-party company, the Defendant provided the non-party company with consulting services necessary to offer optimal human resources recommendation services to the customer company; and (b) the non-party company shall pay monthly basic service fees of KRW 1,00,000 and incentives (50% of the monthly sales of the Plaintiff’s performance) to the Defendant (hereinafter “instant contract”).
2) At the time of the instant contract, the non-party company directly paid the rental fee for the vehicle that the non-party company provided to the Defendant each month to the Defendant, as agreed with the Defendant at the time of the instant contract, and paid 500,000 won per month to the Defendant a corporate card.
3) Meanwhile, around June 2015, the Plaintiff and the non-party company decided to raise incentives to 70% of the Plaintiff’s sales performance instead of returning the said vehicle and the corporation card to the sub-council company without receiving the basic service fee. Meanwhile, the Plaintiff is the following table between December 27, 2013 and August 28, 2015 (hereinafter “instant table”).
(2) As indicated in the Plaintiff’s personal account, the sum of KRW 10,950,00 was remitted from the Plaintiff’s personal account to the Defendant or the Defendant’s family account designated by the Defendant. The remittance amount from the sequence 3,00,000 E on December 27, 2013 (the original receipt date), and 3,000,000 E on January 29, 2014, 200 E 3,000 E on January 29, 2014; 1,100,000 E on February 1, 200, 12, 200,000 E on February 30, 205, 200, 6,000 on February 5, 2014; 10,50,000 on February 50, 200, 70,50, May 20, 2014;