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(영문) 서울북부지방법원 2016.08.11 2015가단44196
약정금
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. 7,200,000 won and its related thereto from November 6, 2015 to August 11, 2016

Reasons

1. Basic facts

A. The Plaintiff is a company that is supplied with alcoholic beverages by a liquor wholesaler and has been secured as one of its customers by entering into a retail and other transaction partners while working in the liquor wholesaler, and the Defendant is a company that is supplied with alcoholic beverages by the liquor manufacturer and sells them to retail.

B. Around August 2013, the Plaintiff sold 3,841,612 won, outstanding amount, 22,54,500 won, 5,436,440 won, and 40,797,960 won from the Defendant Company, which is the business partner of the Plaintiff, to the Defendant Company, and 40,797,960 won in advance, were paid by the Defendant Company until January 17, 2014, and the remainder was paid in monthly pay for three years after joining the Defendant Company. Around December 2014, the Plaintiff drafted an agreement with the Defendant Company on the following working conditions and business conditions:

(hereinafter “each of the instant notes”). 1. The Defendant, on January 1, 2015, employs the Plaintiff as of January 1, 2015, and the monthly payment is determined as a gold million won (the amount before deducting the four major insurance) and there is no objection by the Plaintiff.

2. The defendant shall pay the plaintiff a sum of KRW 30,000 to the plaintiff's monthly business expenses paid to the plaintiff.

3. On December 31, 2014, the Plaintiff shall pay a sum of KRW 00,000,000,000 to the Defendant, based on the monthly sales revenue of the new seller incurred from the Plaintiff’s business and the remaining trader that the Plaintiff first acquired to the Defendant, and shall be paid after deducting KRW 00,000,000,000 from the Plaintiff’s salary when reducing below a million won.

(30 million won as of the base of sales)

4. The Plaintiff’s salary shall be deducted from the credit amount and the cost of equipment and materials, the transaction of which was suspended by the customer who operated the Plaintiff.

5. Where the Plaintiff’s decline below 40% of the sales amount after December 2014, 2015, the Plaintiff cannot raise an objection against the Defendant’s withdrawal from office, and where maintaining the standard sales amount, the Defendant shall be for the following three years.

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