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(영문) 춘천지방법원강릉지원 2020.11.24 2019나33224
약정금
Text

Of the judgment of the court of first instance, as to the plaintiff KRW 36,100,000 and KRW 7,500,000 among them, from January 15, 2019.

Reasons

. Facts of recognition.

A. On August 9, 2018, the Defendant prepared and delivered to the Plaintiff an agreement with the following content (hereinafter “instant agreement”).

(A)B Director A of C) C shall register the Chairperson as a successor director to the Council for the Preservation of Sickness, and shall promise to pay the N agency a sum of approximately 1,500,000 (1,50,000) for each month.

On August 2018, September 2, 2018, Jongno-gu Seoul Metropolitan Government DEB*A president's thickness and hand over all documents to the chief Justice.

B. On August 23, 2018, the Defendant assumed office as a director with the power of representation of an incorporated association C (hereinafter “instant incorporated association”).

C. The incorporated association of this case completed the closure report of September 1, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant paid KRW 1,50,000 each month from August 2, 2018 to the plaintiff who was a director with the existing representative authority on the condition that he/she takes office as a director of the incorporated association of this case, as activity support expenses, and such payment agreement is interpreted as the premise of the business activities of the incorporated association of this case. Thus, the payment of activity support expenses under this agreement shall be deemed the first day of the plaintiff's death or the closure of the incorporated association of this case, as claimed by the plaintiff.

B. On August 23, 2018, the fact that the Defendant assumed office as a director with the power of representation of the said incorporated association was identical to the facts found in the facts of recognition, and thus, the terms and conditions for the payment of activity support allowances stipulated in the instant agreement were fulfilled. The instant incorporated association completed the report on closure of business on September 1, 2020 as well as the fact that the instant incorporated association completed the report on closure of business on September 1, 2020

C. If so, the defendant is stipulated in the agreement of this case to the plaintiff.

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