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(영문) 서울서부지방법원 2016.11.18 2015나6863

지원금반환

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On March 19, 2014, the Plaintiff made an agreement with the Defendant to pay a total of KRW 16.6 million as an excellent employee’s subsidy (hereinafter “instant agreement”) between the Defendant and the Defendant, who had worked as an insurance solicitor of the Young Life Insurance Co., Ltd. (hereinafter “Seoul Life Insurance”) as of March 19, 201, and paid KRW 15 million to the Defendant (hereinafter “instant subsidy”). On March 20, 2014, the Plaintiff paid the Defendant KRW 15 million (hereinafter “instant subsidy”).

The total amount of 16.6 million won shall be paid for excellent employees' subsidies.

The target amount of monthly insurance premium converted in the year of the first year shall be KRW 500,000 per month.

The 15 million won out of the excellent members' subsidies shall be paid in advance, and the remaining 1.6 million won shall be paid in advance when the objectives of the 7th month and the 13th month converted premiums are achieved.

The cost of outstanding resources policies already paid when the relevant converted premiums fall short of the target of the relevant converted premiums in the month following each payment date shall be recovered or settled.

work for a minimum of three years.

B. On April 2014, the Plaintiff conducted business partnership with C Co., Ltd. (hereinafter “C”) and started its insurance agency business as D branch, and the Defendant began to conduct its business as an insurance solicitor belonging to the said C from that time.

C. On March 13, 2015, the Plaintiff demanded that the Plaintiff terminate the business partnership with C and change the insurance agency to E Co., Ltd. (hereinafter “E”), but the Defendant refused this request and remains in C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff paid the instant subsidy to the Defendant on the condition that the Defendant left his position as the Plaintiff’s insurance agency and worked for at least three years, and the Defendant would return the full amount of the said subsidy if the Defendant did not fulfill the above conditions.