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(영문) 부산지방법원 2016.07.19 2015가단74233

수수료

Text

1. The Defendants jointly and severally against the Plaintiff (designated parties) and the appointed parties in KRW 22,50,000 and Defendant C with respect thereto.

Reasons

1. The facts of recognition are as follows: (a) the Plaintiff (Appointed Party) and the designated parties were employed by the Defendants, who mainly work for the recruitment of members of the D Regional Housing Association (tentative name), and worked from July 5, 2013 to October 5, 2013; (b) the Plaintiff (Appointed Party) and the designated parties were to receive a total of KRW 2,500,000 per member recruitment contract from the Defendants; (c) the Defendants were to receive from the Defendants a commission fee of KRW 2,50,000 per member recruitment contract; (d) there were nine members of the Defendants, including the Plaintiff (Appointed Party) and the designated parties, were discharged from the office around September 2013; and (e) the Defendants were to be recognized by the purport of the entire statement and pleading as follows: (a) there was no dispute between the parties to the contract or the Defendants paid the commission to other employees who did not withdraw on or before December 2013.

2. In light of the above-mentioned facts of determination as to the cause of the claim and the fact that there is no reasonable ground for payment of fees to the Plaintiff (Appointed Party) and other employees who did not retire, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 9, 2016 to the date following the delivery of a copy of the complaint of this case to the Plaintiff (Appointed Party) and the designated parties (2,50,000 x 9 x 9 x 9) and to the Defendant C, and with respect to the Defendant B, from December 16, 2015 to the day following the delivery of a copy of the complaint of this case to the day of full payment.

3. Judgment on the defendants' assertion

A. In the event a partner’s termination occurs due to reasons such as disqualification before the association establishment authorization is established, the Defendants shall recover the fees, and the Defendants can find out the disqualifications of the association members after the lapse of the extended period from the date of application for association establishment authorization, and the Defendants are trade name with the Plaintiff (Appointed Party) and the designated parties.