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(영문) 서울중앙지방법원 2019.06.20 2018가단5205851

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 2014, the Plaintiff entered into a contract for the commission of an insurance solicitor (FC) with the Defendant and served as the head of the North Branch Center under the Defendant from that time.

B. On January 31, 2018, the Defendant notified the Plaintiff that the Plaintiff was dismissed from the office of North Korea as of February 1, 2018 on the ground that the Plaintiff did not normally perform its roles and responsibilities as the head of the center.

Since August 1, 2018, the Defendant notified the Plaintiff on August 1, 2018 that the commission of an insurance solicitor was terminated on the ground that the Plaintiff’s long-term insurance contract was not completed for three months.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4 (including additional number), Eul evidence 8 and 12, the purport of the whole pleadings

2. The main point of the plaintiff's assertion was that the defendant dismissed the plaintiff without any particular criteria or grounds in dismissing the plaintiff from the head of the center, and such dismissal measures are invalid as a matter of course.

Therefore, the Defendant ought to compensate KRW 37,581,513 equivalent to the commission that the Plaintiff could have earned if he/she had worked as the head of the center from February 1, 2018 to August 16, 2018, and KRW 30,000,000, and KRW 10,000,000, in total, for emotional distress damages suffered by the Plaintiff due to the dismissal of the head of the center.

3. Determination

A. The following facts are acknowledged in full view of Gap evidence Nos. 10, 11, Eul evidence Nos. 2, 6, 9, and 10 (including paper numbers) and the purport of the entire pleadings:

1 The defendant had the following standards for the establishment and operation standards of the center under the defendant's jurisdiction, management of the head of the center, etc.:

Article 2 of the Guidelines for Operation of the C Center in 2014 and the standards for establishment and operational regulations

1. After fulfilling the minimum standards set by the Company, the Center shall be established after submitting a C Center Support Plan and a business plan to the head office and approving the head office;

Minimum standard: 10,000 won in operation and 3 million won in monthly payment.