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(영문) 서울남부지방법원 2018.06.22 2018나50770
임금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. There is no dispute between the parties that the Plaintiff served as the head of the Defendant’s overall headquarters, who is a real estate sales agent, from October 1, 2015 to August 25, 2016.

2. The parties' assertion and judgment

A. (1) The Plaintiff entered into an oral contract with the Defendant to receive 2.5 million won of monthly salary and 0.2% of the total sales price from the Defendant as sales commission, and served as the head of the General Headquarters for Sale.

On June 27, 2016, the Defendant entered into a contract for the sale of buildings in Guro-gu Seoul Metropolitan Government with the Development of Marine Industries Co., Ltd. (hereinafter referred to as “Execution Company”), and the Plaintiff from July 25, 2016 to the same year

8. Since the contract for the sale of 66 units was concluded by the date of August, 18, the Defendant is obligated to pay the Plaintiff the total sale price of 27,609,384,000 won (=27,609,384,000 won x 0.02) as sales commission.

The sales commission was agreed to pay 40% at the time of the conclusion of the sales contract, 30% at the time of the payment in the first intermediate payment, and 30% at the time of the payment in the balance, and accordingly, the Defendant paid 22,087,000 won at the time of payment in the first intermediate payment on August 31, 2016 (=5,218,768 won x 0.4). The date of payment in each sales contract from October 25, 2016 to November 18, 2016, the Defendant is obligated to pay 16,565,630 won at the time of payment in the first intermediate payment to the Plaintiff (=5,218,768 won x 0.3).

The defendant is not obligated to pay to the plaintiff 1,50,000 won for 11 month from October 2015 to August 2016 (=1,00,000 won - 1.5 million won) x 11 month since the defendant is obligated to pay to the plaintiff 1,50,000 won for 11 month from October 2015 to August 2016.

Ultimately, the Defendant’s total sum of KRW 16,565,630 and KRW 11,00,000 for unpaid benefits to the Plaintiff = 27,565,630 = 16,565.

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