beta
(영문) 서울고등법원 2017.04.12 2016나2047230

약정금

Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff (formerly, Company C) is a company running insurance agency business, and the Defendant is an insurance solicitor, who served as the E of the insurance company, which was located in Ulsanbuk-gu, Ulsan-gu, Seoul Special Metropolitan City, on May 2014.

B. Around May 12, 2014, the Plaintiff and the Defendant entered into an agreement with the head of the U.S. headquarters (hereinafter “instant agreement”) with the Defendant on the following terms: (i) the Defendant will be commissioned as the head of the U.S. headquarters; and (ii) the Plaintiff will pay a certain amount of money to the Defendant; and (iii) the Defendant would have achieved a certain performance during the agreed period (hereinafter “instant agreement”). The main contents are as follows.

Article 1 Support Contents: 65 million won of the total subsidy for expenses incurred in collecting office costs of the pre-paid project x 12 months = 72 million won = the above-mentioned subsidy of KRW 18,00,000 per 72 months = the settlement revision insurance premium of KRW 43 million within 500,000 in the amount of KRW 18,000 in the amount of KRW 12 months = the settlement revision insurance premium of KRW 200,000,000,000,000 shall be 90% of the long-term payment rate of the pre-paid insurance premium of KRW 2,000,000 in the amount of advance-paid insurance premium of KRW 2,000,000,000 in the amount of advance-paid insurance premium of KRW 1,000,000,000 in the amount of advance-paid insurance premium of KRW 90,000,000.

2) At the time of dismissal within two years and termination of the Headquarters Agreement, all outstanding obligations shall be immediately repaid in accordance with the head office regulations, and no objection shall be raised to legal measures such as compulsory execution upon failing to perform. 3) Article 1 of the Support Act shall be liable to the head of the headquarters, and any obligations related to the Support shall be entitled to preferential support after legal measures are taken by providing real estate security, establishing collateral security, and attaching notarial documents to secure the obligations arising therefrom.

The Plaintiff leased part of the second floor of building F located in Ulsan-gu, Ulsan-gu around May 2014, and the Defendant.