1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a company running solar energy development projects, etc., and the Defendant concluded an employment contract with the Plaintiff and served as a manager at the Plaintiff’s CSS support team from February 15, 2017 to August 24, 2018.

B. The Plaintiff and the Defendant concluded a special employment agreement on May 16, 2017. The content of the special employment agreement is that “where the Defendant consulted the Plaintiff’s customer and the Plaintiff concludes a delegation agreement on solar development projects with the relevant customer, performance allowances shall be separately paid to the Defendant, but if the delegation agreement is terminated, performance allowances already paid shall be paid to the Defendant.”

(hereinafter referred to as the “instant special agreement”).

In concluding an employment contract on February 15, 2017, the Plaintiff and the Defendant determined monthly salary of KRW 2.5 million (basic salary of KRW 2.3 million, vehicle maintenance expenses, transportation expenses, etc.), but from May 16, 2017, the said monthly salary was determined as KRW 2.5 million.

The Defendant’s monthly salary, from May 10, 2018, was paid as a fixed amount of KRW 3850,000,000,000,000 for monthly salary on May 9, 2018 (basic salary of KRW 3.75,00,00,000 for food, annual salary of KRW 45,00).

The Defendant’s performance allowances for about one year from the Plaintiff are 40,455,000 won in total.

[Ground of recognition] Facts without dispute, Gap 2, 3, Eul 3 through 6, and the purport of the whole pleadings

2. The parties' assertion

A. Since part of the contract with the customer retained by the plaintiff's assertion was terminated, the defendant's performance allowance of KRW 7850,000 received from the plaintiff shall be returned to the plaintiff according to the conclusion of the contract terminated by the special agreement of this case.

B. As long as the Plaintiff and the Defendant entered into a new employment contract to pay a fixed amount of KRW 3850,000 per month without a performance-based bonus on May 19, 2018, the instant special agreement is deemed null and void.