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(영문) 서울고등법원 2018.12.04 2017나2028311

퇴직금 등

Text

1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Defendant has a branch office across the country and runs an insurance business, etc. under the Insurance Business Act and other Acts and subordinate statutes. The Plaintiffs, from around 2007 to around 2012, concluded a contract with the Defendant for commission of the Defendant and AM (hereinafter “AM”), and worked as the head of AM branch office or AM business office (hereinafter collectively referred to as “AM branch office and AM business office, etc.”) in both AM branch office and AM business office, and was discharged from office between around 2013 and around 2015.

Since the defendant granted the qualification for the head of a branch in one month for the retirement date of plaintiff A, D, F, and G, the dismissal date of the above plaintiffs is the last day of the pertinent month or immediately preceding month. However, while the above plaintiffs submitted a certificate of cancellation of insurance solicitor or a certificate of discontinuance of agency business (Evidence A No. 75-1, 2, and 3) as evidence for the dismissal date stated in the above table, the defendant did not submit any internal provision or official document consistent with the above argument.

On December 31, 2007, the date of dismissal of the Plaintiff’s position 1 AM project head on December 31, 2007, the 201 BM branch head on July 1, 2013, 2013, the 3 C AM branch head on October 1, 2010, October 30, 2013, the 4 CM branch head on April 10, 2013, 208, the E AM branch head on April 10, 2014 on April 10, 2014, the 30 AM branch head on December 31, 2013, the FM branch head on December 31, 2013, the head of AM branch on March 20, 2015, the head of AM branch on July 31, 2015 (the head of AM branch on March 2014, 2015).

The main contents of the AM commissioning Contract (hereinafter “instant commissioning Contract”) concluded with the Defendant are as follows.

AM (AM) commission agreement shall be based on the AM commission agreement entered into by the Plaintiff E on November 30, 2007.

The location or expression of the articles has been partially changed since 2012, but the contents are replaced by the same.

Article 2 (AM Status) AM is a designer or exclusive insurance agency of a company, and is entrusted by the company under this Agreement.

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