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(영문) 인천지방법원 2017.03.29 2016나13161

약정금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has worked at C points of a new life-based company (hereinafter “new life-related life”).

The defendant of a pledge service document shall, for a period of one year and six months in the future, vow that he will work at the plaintiff's team and, if in the middle, promise that the remittance amount (11,500,000 won) which he has vowed shall be returned on the basis of good faith. On July 1, 2015 of the pledge date: the defendant's credit:

B. On July 1, 2015, the Plaintiff delivered KRW 13,00,000 to D in order to commission the Defendant as an insurance solicitor of the new Bio-resources C branch, and demanded D to deposit KRW 11,50,000 among them into the Defendant’s account under the name of the Defendant. On the same day, the Defendant made and issued a written agreement (hereinafter “instant agreement”) as stated below to the Plaintiff.

C. On July 17, 2015, the Defendant registered as an insurance solicitor for new life, and on February 11, 2016, the above registration was cancelled.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 11,500,000 as well as damages for delay calculated at the rate of 15% per annum from July 19, 2016 to the day of full payment, as requested by the Plaintiff, from the day following the delivery date of the decision of performance recommendation to the day of full payment.

B. The defendant's assertion 1 argues that the agreement of this case was written with D, which was the head of the branch office of this case, and that it was paid KRW 11,500,000 from D, and that the plaintiff did not conclude the above agreement.

However, the following circumstances recognized by each of the above evidences, namely, the parties to the instant agreement, indicated by the Plaintiff and the Defendant, and the Defendant’s account at the time of deposit of the said money into the Defendant’s account, “E” and the deposited passbook. D.