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(영문) 서울북부지방법원 2015.08.18 2014가합24062
약정금
Text

1. The Defendant’s KRW 19,480,00 for the Plaintiff and 5% per annum from August 14, 2014 to August 18, 2015.

Reasons

1. Basic facts

A. From around 2003 to July 25, 2013, the Plaintiff was employed by the Defendant Kangdong Integrated Pipelines Co., Ltd. (hereinafter “Defendant Co., Ltd”).

On July 25, 2013, the Plaintiff retired from office the Defendant Company. The Plaintiff brought an issue of the Plaintiff’s overtime allowance, etc. and the issuance of the Defendant Company’s tax invoice, and demanded the Defendant Company to pay money.

Accordingly, the Defendant Company paid KRW 100,000 to the Plaintiff, and the Plaintiff and the Defendant Company drafted a written agreement around November 2013 (hereinafter “instant written agreement”).

B. The main contents of the instant memorandum of agreement are as follows.

Paragraph 1. The defendant company and the plaintiff agree to this amount of 00 million won.

(On the other hand, the defendant company and the plaintiff who have failed to comply with the agreement shall compensate the other party for the double amount of the agreement. (On the other hand, November 6)

C. Accordingly, in addition to KRW 40,000,00 already paid to the Plaintiff, the Defendant Company paid KRW 5,00,000 on November 21, 2013; KRW 5,000,000 on December 22, 2013; KRW 10,000,00 on December 5, 2013; KRW 10,000 on February 31, 2014; KRW 10,000 on February 3, 2014; KRW 6,00,000,00 on March 6, 200,00 on March 1, 2014; and KRW 90,520,000 on March 31, 2014; and KRW 520,000 on May 20,50 on the same month.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The defendant company did not pay part of the agreed amount of KRW 100,000,000 until the date stipulated in the letter of agreement in this case. As long as the obligation under the letter of agreement in this case was not fulfilled, the defendant company is obligated to pay the remainder of the agreed amount of KRW 10,000,000 and penalty of KRW 100,000 under the letter of agreement in this case.

B. Defendant Company 1) The Plaintiff is a sum of KRW 4,480,000, and KRW 5,000,000, collected from Defendant Company’s business partners B (C) and KRW 9,480,000.

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