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(영문) 서울동부지방법원 2020.08.13 2019가단163938
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 27,573,80 as well as 6% per annum from March 1, 2019 to February 3, 2020 and the next day.

Reasons

1. Basic facts

A. In relation to solar energy projects and fuel cell projects promoted by the Defendant, the Plaintiff was commissioned as the Defendant’s management adviser to assist in the rental business of government agencies, financial institutions, etc.

B. On March 1, 2018, the Defendant (hereinafter “instant annual salary contract”) concluded between the Plaintiff and the Plaintiff on March 1, 2018 the annual salary of KRW 60 million (monthly salary of KRW 5 million) and the annual salary contract between March 1, 2018 and February 28, 2019 (hereinafter “instant annual salary contract”).

C. From March 30, 2018 to October 31, 2018, the Defendant paid KRW 32,426,200 to the Plaintiff as wages under the instant annual salary contract at the end of each month.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. As to a claim for annual salary

A. According to the facts of recognition as above, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 27,573,800 won (60,000,000 won - 32,426,200 won) not paid out of the annual salary under the instant annual salary contract and damages for delay determined at the rate of 6% per annum under the Commercial Act from March 1, 2019 to February 3, 2020, the delivery date of a copy of the complaint of this case, which is the day following the date of the instant annual salary payment, to the day of the delivery of the copy of the complaint of this case, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

B. The Defendant asserts that the instant annual salary contract may be terminated when justifiable grounds exist, and the Defendant’s financial status has deteriorated rapidly as the business personnel accumulated, and that the Plaintiff terminated the instant annual salary contract as of October 31, 2018, and made an oral notification or implied notification to the Plaintiff on the ground that the Plaintiff was making a contribution to entertainment without specific performance of duties or contribution.

In full view of Gap evidence Nos. 2 and Eul evidence Nos. 5 and the purport of the whole arguments, according to the proviso of Article 6 of the annual salary contract of this case, "reasonable grounds exist."

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