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(영문) 서울중앙지방법원 2016.04.22 2015가합10689
성과급반환
Text

1. The Defendant shall pay to the Plaintiff KRW 408,868,072 and the interest rate of KRW 15% per annum from March 17, 2015 to the day of full payment.

Reasons

(c)payment to the Defendant in accordance with the payment criteria;

b) The criteria for, and conditions of, the calculation of special and monthly piece rates are as follows. The amount paid to the Defendant is the amount indicated below, and the Defendant must strictly satisfy and maintain the following requirements and conditions set out by the Plaintiff during the conclusion and payment period of this Agreement. ⅰ) The criteria for, and the date of, the calculation of special piece rates are as follows:

- Calculation Criteria: 100% of the average annual income of the two years immediately preceding the Defendant’s commissioning Contract (based on withholding receipt) - Date: The first allowance payment date after the preparation of a commissioning Contract; ii) the monthly piece rate shall be paid when the Defendant has achieved the monthly cumulative performance standard (from the date of registration to the 11th month) as follows. The maximum amount (total amount of monthly piece rates) that the Defendant may receive upon fulfilling all the conditions for monthly piece rate payments shall be 100% of the average annual income of the two years immediately preceding the commission contract of the Defendant. The annual total cumulative performance conditions of the first year * 4- the “total performance conditions of the first year” that the Defendant must achieve during the first year for monthly piece rate payments * (the total amount of monthly piece rates) are as follows. The Defendant selects one of the following matters in relation to guarantee of special piece rate payments for the two years immediately preceding the commission contract of the Defendant:

(ii)in the event that the above guarantee is not available for 50 per cent of the special piece rate rates, 50 per cent of the special piece rate rates, 50 per cent of the special piece rate rates shall be paid after 2 years and 3 months.

b) The Defendant selects one of the following matters with respect to the guarantee of piece rates per month. (i) A guaranty insurance policy or collateral security is established for 50% of the total monthly piece rates per month.

(ii)(in the event that a guarantee for total monthly performance rates is not available, the payment shall be deferred for 100 percent (10%) of the initial year fees and the management allowances for one year after being commissioned and shall be deferred for 12 months following the first year.

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