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(영문) 서울동부지방법원 2020.04.29 2018가단145995
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In light of the above, the Defendant’s full-time employee was employed as a full-time employee on February 1, 2013 and the Defendant’s full-time employee was paid KRW 4259,000 per month with subsidies and corporate cards (the amount of KRW 5 million deducted from taxes, etc.).

F. D retired from the Defendant Company around July 2014.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 (including paper numbers), the purport of the whole pleadings

2. According to the instant payment agreement, the Defendant asserted that the Plaintiff did not pay the fixed costs of KRW 2.5 million per month to be paid until the completion of the instant payment agreement, and the agreed amount of KRW 3.5 million per month, which is the sum of KRW 1 million per month to be paid with the corporate card, from July 2014, and continued running the C business.

Therefore, from July 2014 to October 2018, total of KRW 182 million (=3.5 million* 52 months) and damages for delay are claimed.

3. We examine the following circumstances, i.e., the instant payment agreement provides that the instant business is “the role of the D president” under the official contract; (ii) the provisions on the payment agreement provide that “for the continuity and continuous management of business” in the context of payment; (iii) the provision of the corporate card to an individual is aimed at preserving the cost on the premise of a certain performance of business; and (iv) the instant payment agreement provides technical assistance to the Plaintiff’s customer and the resolution of quality problems, etc. with respect to the Plaintiff’s customer.

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