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(영문) 서울중앙지방법원 2020.04.24 2018가합583775
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company that operates manufacturing business of machinery and appliances, including equipment under construction, and the Plaintiff was employed by the Defendant around April 2013 and served as a regular manager in the business division of heavy equipment, which is newly installed.

The plaintiff is employed by the defendant and has overall control over the management division of equipment among new business groups.

The plaintiff shall endeavor to promote the development of the defendant by improving the heat and gender based on the KNow-How he/she has.

The defendant shall actively support the success of the small and medium enterprise division in the construction of heavy equipment.

The annual salary (including salary, bonus, annual salary, and other matters) of the plaintiff shall be 50 million won.

Retirement allowances shall be paid separately.

The plaintiff's performance bonus shall be calculated each year for profits and losses of the business division in which heavy equipment is occupied, and 20% of the net profits shall be paid each year.

The payment method shall be mutually agreed.

B. On April 8, 2013, the Plaintiff and the Defendant concluded the following agreements (hereinafter “instant agreement”).

C. On July 9, 2013, the Plaintiff transferred the patent rights listed in paragraphs 1 through 4 of the attached Table No. 1 (hereinafter “instant patent rights”) to the Plaintiff and the Defendant’s joint title, or first registered (the patent rights listed in paragraphs 1 through 3).

(Patents described in paragraph (4).

From 2013 to 2018, the annual sales of the mid-term equipment management business department, which the Plaintiff worked for the Defendant, have gradually increased from 0 won in 2013 to 2014 to 351,10,000,000 won in 2015, 1,845,393,531 won in 2016, 3,331,847,690 won in 2017, and 4,058,262,489 won in 2018.

E. On April 23, 2018, the Plaintiff submitted a resignation notice and retired the Defendant on April 30, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 4-1 through 4, Gap evidence 5-13, Eul evidence 5-5, Eul evidence 5, and the result of the Incheon Tax Office's tax information reply to the director of the Incheon Tax Office, the purport of the whole pleadings

2. The plaintiff's assertion.

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