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(영문) 서울중앙지방법원 2015.12.02 2014나59476

약정금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

The reasons for the judgment of this court are the same as the reasons for the judgment of the first instance.

(The main sentence of Article 420 of the Civil Procedure Act): Provided, That the following shall be immediately added or added:

1. The phrase “2013”, which is 7th by the third lower court’s judgment, shall be read as “2012.”

2. The “defendants” in the third and fourth bottom of the judgment of the court of first instance shall be read as the “Plaintiffs”.

3. The phrase “2013” in the fourth and sixth bottom of the first instance judgment shall be read as “2012.”

4.On the 6th day of the first instance judgment, the following shall be added:

[Supplementary part] The plaintiffs asserts that the number of insurance solicitors calculated should be included in the calculation number of insurance solicitors, as they maintained the insurance commission contract as of December 2, 2012 in the case of 10 insurance solicitors, including P, prior to the defendant's issue in relation to the requirements of the instant campaign.

In light of the purport, content, etc. of the instant campaign, it should be deemed that an insurance solicitor who belongs to the branch as of the end of December 2012 and actually performs an act is calculated and the number of such persons is increased by more than twice as of the end of April 2012.

(Plaintiffs asserted that there should be no provision excluding insurance solicitors who do not actually act, but such assertion is rejected as contrary to the purport of the instant campaign, etc.). According to Gap 10-1 through 10-10, and Gap 11, the career certificates of ten persons mentioned above are recognized as being stated as maintaining the insurance commission contract with the defendant as of the end of December 2012.

However, according to Eul 14-6, 15-6, 16-5, 17-6, and 20-4, five persons, among 10 persons, including X,Y, W,V, and S, can be acknowledged that themselves, prior to December 2012, he/she himself/herself, stated that he/she did not engage in any further insurance solicitation by suspending insurance solicitation activities.

In light of these facts, at least five cases, such as X, Y, W, V, and S, are formally.