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(영문) 서울남부지방법원 2016.10.27 2016가단21920
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 65 million and the interest thereon from September 27, 201 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a worker retired while working from D Co., Ltd. (hereinafter “D”) operated by Defendant C as the representative director from April 199 to September 26, 201.

Defendant B Co., Ltd. is a company with the wife E of Defendant C as its representative director.

The plaintiff was not paid part of wages and retirement allowances while working in D.

B. Upon demanding the Plaintiff to pay the overdue wages, etc., the Defendants jointly agreed on July 28, 2014, that “the Plaintiff shall pay 65 million won in total under the Plaintiff’s retirement pay for D and overdue wages until October 31, 2014.” As a security, the Defendants issued the right to sell an officetel 1 to be constructed on the ground other than Seoul Mapo-gu Seoul F and six parcels, and if the Plaintiff fails to pay 65 million won until October 31, 2014, the Defendants would issue the instant instant agreement to convert the sales right to the said officetel 65 million won and the amount calculated at the rate of 20% per annum from September 26, 2011, the date of retirement of the Plaintiff (hereinafter “instant agreement”).

C. Accordingly, on July 28, 2014, Defendant B prepared a pre-sale agreement (Evidence 2-1) with the Plaintiff on the sales price of KRW 65 million with respect to KRW 1503 among the above officetels scheduled to be sold at KRW 123,00,000 (hereinafter “instant officetel”), and issued a certificate of payment for the sales price of KRW 65 million to the Plaintiff.

However, the Defendants did not pay KRW 65 million to the Plaintiff until October 31, 2014, and Defendant B sold the instant officetels offered as security on April 30, 2015 to a third party in KRW 130,450,00.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 4, the purport of the whole pleadings

2. Examining the determination of the Plaintiff’s assertion as to the Plaintiff’s claim for the payment of the agreed amount against the Defendants pursuant to the instant agreement, according to the facts acknowledged earlier, the Defendants shared the content of the instant agreement.

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