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(영문) 서울고등법원 2017.08.31 2017나2028786 (1)
약정금
Text

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.

Reasons

1. Basic facts

A. The plaintiff is the father of the defendant, who is the father of the defendant, and is the father of the defendant as the father of the deceased C (hereinafter "the deceased").

B. D Co., Ltd. was established on November 28, 2002 for the purpose of the manufacture, sale, etc. of kimchi and various kinds of sprink foods, and was dissolved on December 6, 2016. The Plaintiff was registered as the vice president from November 28, 2005 to the above dissolution date and worked as the director of D, and the deceased was registered as the director of D from November 28, 2008 to the above dissolution date and served as the honorary chairperson.

C. E Co., Ltd. was established on December 3, 2012 for the purpose of the kimchi manufacturing business, etc., and the deceased was registered as the representative director of E from December 3, 2015 to September 7, 2016.

On September 7, 2016, the deceased died, and the defendant inherited his own property as the only lineal descendant of the deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-2, 4, 5, 6, Gap evidence 5-1 through 3, Gap evidence 6-1 and 6-2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. From July 2001, before D was established, the Plaintiff purchased the factory site at the request of the deceased, entered into a construction contract, etc., and worked as the director and vice president of D Co., Ltd. after January 2003.

On July 2001, the Deceased promised to pay to the Plaintiff the amount of KRW 4 million per month during the first year and KRW 6 million per month thereafter.

In addition, the Plaintiff, at the request of the Deceased from February 2008 to June 2014, performed management work such as securing customers in E company.

However, the Deceased did not pay to the Plaintiff all benefits of KRW 4 million per month from March 2003 to May 2003.

B. Around May 2016, F, the Plaintiff’s wife, instead of the Plaintiff’s unpaid benefits that had not been paid up to that time, is “ below H restaurant in Seodaemun-gu Seoul Metropolitan Government.”

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