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(영문) 서울고등법원 2016.11.11 2016나6905

특별상여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From May 15, 2012 to November 30, 2014, the Plaintiff is a person who works for the Defendant’s branch B B branch Meger (hereinafter “SM”), and the Defendant is a company running the life insurance business, etc.

B. Conclusion of an understanding angle and SM delegation contract between the Plaintiff and the Defendant

5. The defendant is provided by the plaintiff 5-1. Sgring Bronus (Special Performance Grade). The defendant shall pay Sgring Bronus (Special Performance Grade) to the plaintiff based on the income statement that the company is true, complete, and correct in all aspects. Special Performance Grade is calculated based on paragraph (b) below, but it shall be paid to SM after the date on which BM and SM took all of the following parts (the starting date of effect):

i) BM and SM shall sign all contracts requested by the Defendant. ii) BM and SM shall be registered with the Life Insurance Association as the Defendant’s insurance solicitor.

iii) BM and SM shall carry out insurance solicitation services in accordance with the commissioning Agreement. (b) The criteria for calculating special performance rates and the date of payment are as follows:

i) Calculation Criteria: 100% (based on withholding receipt) of the average annual income for the two years immediately preceding the contract for appointment of SM: The first allowance payment date after the preparation of the commission contract shall be 30% of the special bonus if the Plaintiff is unable to guarantee 50% of the special bonus, 50% of the special bonus shall be paid after two years. 6. The reasons for the return of the bonus and the total amount of the bonus (the second year of the year in which the first year) x 13b) x the total amount of the bonus x the settlement performance (the second year in the second year) 3 months after the expiration of the period of the second year performance (the second month in the second month) shall be recovered as follows.

총 실적조건 100%≤달성률 70.0%≤달성률<100% 70.0%>달성률 환수 환수 없음 환수금액 = 특별성과급 × (100%-달성률) 100% 환수 연소득 = 지원자의 위촉계약 직전 2년간 연소득 합계액/2 달성률 = 달성실적(1차년도 2차년도)/총 실적조건(1차년도 2차년도) ⅰ 위촉계약일로부터...