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(영문) 울산지방법원 2020.11.13 2019가단123556
정산금 청구의 소
Text

The plaintiff (Counterclaim defendant) shall pay 37,577,028 won to the defendant (Counterclaim plaintiff) and shall pay 37,577,028 won from June 17, 2020 to November 13, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiff is a person who has registered his/her business under the trade name of "C" and is engaged in comprehensive repair of motor vehicles, etc., and the defendant is an employee of the plaintiff.

B. Around July 30, 2017, the Plaintiff and the Defendant concluded a contract (hereinafter “instant contract”) with the following terms and conditions while engaging in the business of “C” (hereinafter “instant business”) with payment of deposit, etc. to the Plaintiff and engaging in the business of “C” (hereinafter “total business”).

A: A: B shall delegate the management right of C (field - gold, seal, and load) to B with a deposit (daily0 million won) and equipment use fee (daily0 million won) plus ten million won.

A contract with the total monthly sales at the site (laps, seals, and seals) shall be 30% and 70%, and an amount of 30% shall be paid to A by the fifth day of the following month after settling accounts at the end of each month.

A shall pay Party A for the relationship between telephone charges, electricity charges, and taxes after acquiring 30% sales amount.

It shall bear all the matters necessary for other management.

(All matters necessary for operation, such as field personnel pay, fourth insurance and parts expenses, materials expenses, etc.) office personnel pay shall be borne by 50% with Gap and Eul.

(300,000 won per month shall be jointly borne by Gap and Eul)

5.The sales shall be confirmed and decided daily by Gap and Eul in order to manage them in a transparent manner, including insurance and general repairs.

6. This Agreement shall be subject to the responsibility of Gap and Eul to prevent any matter from being leaked to the outside.

(A) A person who has violated any provision of civil or criminal liability shall be legally liable for such violation)

7. The contract term shall be five years from the contract date; and

(Provided, That the contract period shall be automatically extended unless Gap and Eul raise an objection after the expiration of the contract period)

C. The Defendant paid KRW 20 million to the Plaintiff under paragraph (1) of the instant contract.

The entire project shall be made in the name of the plaintiff, who is a business registration holder of "C", and shall be issued and sold.

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