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(영문) 서울중앙지방법원 2019.08.27 2018나75223
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a person who served as the Secretary General of the Incorporated Association C (hereinafter “C”), and the Defendant is a director of C.

B. On July 12, 2016, the Plaintiff entered into a labor contract with C and monthly salary of five million won.

C. On December 21, 2016, the Plaintiff and the Defendant concluded a contract (i.e., the Plaintiff’s business normalization, and (ii) under which C shall pay the Plaintiff monthly salary of KRW 2.5 million from July 2016 to the Plaintiff (i.e., the evidence No. 3; hereinafter “instant contract”) and the Defendant’s payment of the monthly salary of KRW 15 million to the Plaintiff for six months (i.e., the amount of KRW 2.5 million x 6 months; hereinafter “instant contract”).

The date for payment of the second contract of this case is indicated as “the time when donations are deposited by any organization (Provided, That the time limit of May, 2017)”.

(hereinafter “In this case’s annexed statement”). 【In the absence of dispute, the entry of Gap’s evidence Nos. 1, 3, 7, and 10, and Eul’s evidence Nos. 3 (including each number; hereinafter the same shall apply) and the overall purport of the pleadings (Evidence No. 1-1 that the defendant written at will the seal which the plaintiff kept in his/her custody with the seal attached to Gap’s evidence No. 1-1, but the evidence offered by the defendant is insufficient to believe that the statement No. 2-1 and the witness D’s testimony corresponding to the above evidence No. 2-1 and the evidence submitted by the defendant are insufficient to recognize them, and there is no other evidence to acknowledge them, the above defense of evidence is not acceptable)

2. The parties' assertion and judgment

A. The Plaintiff 1 agreed to pay to the Plaintiff the instant agreed amount by May 2017. On January 26, 2017, the Plaintiff paid KRW 3 million out of the agreed amount, and thereafter, did not pay the remainder of the agreed amount until then.

Therefore, the defendant is against the plaintiff.

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