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(영문) 수원지방법원 2016.11.29 2016나5303

임금

Text

1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Reasons

1. The defendant shall pay a recruitment fee under Article 6 of the facts of the foundation (the standard table for the payment of recruitment fee) to the plaintiff.

(2) Where solicitation fees are adjusted during the period of an entrustment contract, adjusted fees shall be paid, and fees for payment shall be determined separately.

(3) The usage sector, the support sector, and other fees shall not be paid, except for the issuance fees, upon the termination of the contract by the plaintiff, and detailed matters concerning the various fees shall be governed by the defendant (the standard table for the payment

A. On May 2014, the Plaintiff concluded an entrustment contract for the recruitment of credit card holders with the content that the Defendant and the Plaintiff shall pay the fee in return for the recruitment of credit card holders when the Plaintiff recruited the Defendant’s credit card holders (hereinafter “instant entrustment contract”).

Among the instant consignment contracts, the contents of the instant consignment contract are as follows.

In the instant consignment contract [the standard table for payment of recruitment fees], if the monthly credit card use of the member recruited by the designer is more than a certain amount as of the time when the sales are determined by the defendant, the defendant has to pay the fee calculated in proportion to the amount used by the designer (hereinafter “use allowance”) and the designer whose contract was terminated before the end of the month was excluded from the payment of the above usage allowance.

B. On July 2014, the Plaintiff committed an illegal business prohibited under Article 4(4)2 of the Specialized Credit Finance Business Act and Article 6-7(5)2 of the Enforcement Decree of the same Act. On July 24, 2014, the Defendant terminated the instant consignment contract for the said reasons.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 4, the purport of the whole pleadings

2. The Plaintiff filed a claim against the Defendant for the instant consignment contract and the settlement allowance and usage allowance in accordance with the standard table of solicitation fees, but the judgment of the first instance court dismissed the claim for settlement allowance.