(영문) 서울북부지방법원 2018.03.27 2017가단109660

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(영문) 서울북부지방법원 2018.03.27 2017가단109660

약정금

Text

1. The Defendant’s KRW 103,812,350 as well as 5% per annum from March 15, 2017 to March 27, 2018.

Reasons

1. Bonuses;

A. On March 3, 2015, the Plaintiff entered into the instant delegation agreement with the Defendant on March 3, 2015, with respect to the commencement of a lawsuit with respect to the judicial divorce, division of property, etc. with respect to C, and with respect to the contingent remuneration, the Plaintiff did not exceed 5 million won at the time of judgment based on the amount recognized as division of property, and the total amount not exceeding 50 million won at the time of judgment, and 12 million won, and the value-added tax shall be paid separately, but the value-added tax shall be paid at a rate not exceeding 10% of the contingent remuneration prescribed in the preceding paragraph. 2) The Plaintiff filed a lawsuit with the Daejeon District Court for divorce, division of property, etc. against C on May 26, 2016 by filing a lawsuit with the Defendant seeking a divorce, division of property, etc. against C, and did not pay consolation money to the Defendant, and thus, the judgment of the Defendant and the said damages for delay became final and conclusive.

[Grounds for recognition] Evidence Nos. 2, 5, and 6, and the purport of the whole pleadings

B. According to the above facts, the defendant is obligated to pay to the plaintiff 12 million won for contingent remuneration (163,361,225 won, 509 won, which is 5% of 3,267,224,509 won, but does not exceed 12 million won, and shall be limited to the scope thereof). The defendant is obligated to pay to the plaintiff 12 million won in total, 12 million won, which is 10% of value-added tax.

2. The defendant's assertion and judgment

A. The Defendant alleged that he agreed to restrict the performance remuneration with 12 million won including value-added tax, but in light of the fact that the phrase “the total amount of not exceeding 12 million won” is written on the right side, stating the performance remuneration for the division of property under Article 7(1)6 of the Delegation Agreement, and that the value-added tax shall be paid separately and the value-added tax shall be 10% of the performance remuneration under the preceding paragraph, and that the following paragraph (2) is separately written, it is part of the witness D.

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