기타(금전)
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;
1. Facts of recognition;
A. The Plaintiff is a company that runs educational service business, such as publication of books and after-school lessons.
On September 24, 2002, the Defendant entered into an entrustment contract with the Plaintiff and served as the Plaintiff’s Leecheon Branch leader. On March 1, 2013, the Defendant entered into a one-year employment contract with the Plaintiff on March 1, 2013 (annual salary system) and the said contract was renewed each year.
B. In the process of being employed as a branch, the Defendant presented to the Plaintiff a written oath containing the following contents (hereinafter “instant written oath”).
The defendant, in exercising overall control over the management of the members and the management of the members of the A (Plaintiff) business branch, shall take a pledge to observe the following matters:
1. To comply with the provisions set forth by the Plaintiff, and, in particular, to take measures to correct the issues of the branch management immediately when the company thoroughly received corrective instructions from the company, the company’s asset management, membership management, organization management, personnel management, and personnel management, which are its basic business.
3. The amount of five trillion won or more of the amount of a penalty resulting from any of the following illegal acts, including the amount of five trillion won or more of the amount of an employee¡¯s allowance, by means of a registration of his sales, etc., and other methods.
B. In accordance with the branch operation regulations, the Plaintiff paid sales allowances, recommendation allowances, increase allowances, etc. by classifying the managing teachers (school teachers in charge of recruitment and management only), guidance teachers (school teachers in charge of teaching duties other than recruitment and management), and the heads of branch offices. The specific details are as follows.
(1) Sales allowances: A management teacher shall be paid based on the sales revenue generated by selling teaching materials, such as a place of study, reference, and collection of office, a maximum of 35% in cases of a management teacher, and a maximum of 20% in cases of a guidance teacher and a branch office shall be paid as allowances by multiplying the sales revenue by subscription: Provided, That in cases of a branch office, a member who has settled a specific subject of a subject of a re