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(영문) 수원지방법원여주지원 2016.11.17 2016가단51073
손해배상(기)
Text

1. The Defendant: (a) KRW 1,982,500 for the Plaintiff and KRW 5% per annum from October 27, 2016 to November 17, 2016; and (b).

Reasons

1. The plaintiff and the defendant are both pharmacists, and the plaintiff is qualified to prepare herb drugs, but the defendant is not qualified to prepare herb drugs.

While the Plaintiff leased the building of the building Leecheon-si and operated “D Pharmacies” (hereinafter “the instant pharmacy”), on July 11, 2014, the Plaintiff transferred all business rights and facilities with respect to the instant pharmacy to the Defendant, and the Defendant operated the said pharmacy from the business day.

At the time of the transfer, the Plaintiff agreed to work at the instant pharmacy for at least one year, which is qualified to prepare herb drugs.

Accordingly, the Plaintiff worked as a pharmacist at the instant pharmacy until March 6, 2016.

At the time of the transfer of the instant pharmacy, the Plaintiff agreed to pay the Plaintiff’s basic salary of KRW 2 million between the Defendant and the Defendant, and to pay KRW 50,000 of the earnings from herb sales with respect to bonuses (hereinafter “instant agreement”).

In addition to the payment of KRW 1.3 million for April 2015 and KRW 1.1 million for June 2015, the Plaintiff received benefits of KRW 1.0 million for each month from January 2015 to January 2016, and was not paid from February 2016.

The Plaintiff received bonuses equivalent to 33% of herb sales from September 2014 to December 2014.

The Plaintiff received bonuses equivalent to 35% of herb sales from January 2015 to January 2016, and received bonuses equivalent to 25% of herb sales from February 2016.

The difference between the amount received as above and the amount equivalent to 35% of the herb sales in the relevant month is 38,420 won in September, 2014, 186,900 won in October, 2014, 183,340 won in November, 2014, 241,50 won in December, 2014, and 982,500 won in February, 2016.

[Ground of recognition] Facts without dispute between the parties, Gap evidence 1, Gap evidence 2, Gap evidence 4, the purport of whole pleadings

2. Determination as to the claim for bonus

A. The gist of the parties’ assertion is 35% of the proceeds of oriental sales in relation to bonuses between the Defendant and the Defendant.

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