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(영문) 서울남부지방법원 2012.04.20 2011가단67914
약정금 등
Text

1. Defendant B Co., Ltd.: (a) KRW 4,632,200 for the Plaintiff and KRW 5% per annum from July 1, 2011 to April 20, 2012.

Reasons

1. Basic facts

A. On December 22, 2010, the Plaintiff assumed office as the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Company”) and resigned on July 4, 201.

B. On July 4, 2011, an agreement was made between the Plaintiff and the Defendant C to the following effect (hereinafter “instant agreement”), and an agreement was drafted under the title “Agreement on the Resignation of the Representative Director” (Evidence A 2).

The above agreement has the name and signature of the Plaintiff and Defendant C (the two personal names) in the argue column, and the name and seal of D, E, F and E in the argue column are sealed by the argue column.

(1) The representative director of the Defendant Company shall resign from his office on July 4, 201.

(2) The Defendant Company shall pay a total of KRW 100 million to the Plaintiff’s personal account on the date of retirement ( July 4, 201) and pay KRW 60 million in cash to the Plaintiff’s personal account on the date of temporary payment, and cash KRW 40 million from July 30, 201 to the Plaintiff’s account on the 30th day of each month.

(3) The income tax on the above KRW 100 million shall be borne by the Defendant Company.

(4) On July 4, 201, the Plaintiff shall hand over the business to a person designated by F or a company owner on his/her behalf.

C. The Plaintiff was paid KRW 60 million by cashier’s checks on July 4, 2011.

The upper part of the above check shall be "B" (no representative shall be indicated) and the lower part of the check shall be the signature of defendant C.

The Plaintiff was not paid 4,632,200 won as wages for June 201 by the Defendant Company.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 4-1, 2, and Gap evidence 5, the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim for the agreed amount against the Defendants

A. The Plaintiff’s assertion is the subject of payment of retirement consolation benefits, and Defendant C shared an indivisible interest as a party to the instant agreement. The Defendants respectively.

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