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(영문) 서울중앙지방법원 2019.01.10 2016가단59745

선급수당등 반환

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 January 12, 2015, while working for E Co., Ltd. (hereinafter “E”) for the purpose of preparing and arranging marriage, marriage, funeral and funeral service, the Defendant entered into a business agreement with A Co., Ltd. (hereinafter “E”) for the same business purpose as E (hereinafter “A”) on August 21, 2015, changing its trade name to B, and on May 2, 2016, to A Co., Ltd. (hereinafter “F Co., Ltd.”) for the purpose of engaging in the same business as E, and retired on September 1, 2015.

Article 1 (Entrustment Affairs) (1) of the terms and conditions of the relevant contract shall perform organizational management on behalf of the company, such as cushion, interview, education, etc., and conduct the receipt of events for subscribers (contractors) and the service for customers at the time of event.

(3) Preparation and submission of reports required by the president of the corporation (4) other affairs entrusted by the corporation (1) the corporation shall pay to the chief of the headquarters (the team leader) fees under the organizational management regulations, as prescribed by the organizational management regulations.

(2) The head of the headquarters (the team leader) shall refund the difference if the amount of the monthly installment received by the company is more than the total amount of the monthly installment received by the company due to the change, invalidation, loss of effect, termination, etc. of the terms and conditions of the contract of its affiliated organization.

B. A paid KRW 24,671,000 (hereinafter “instant payment”) to the Defendant on January 28, 2015, including KRW 5,000,000 on February 27, 2015, KRW 5,000,000 on March 27, 2015, KRW 4,835,500 on June 24, 2015, and KRW 26,671,00 on June 26, 2015 (hereinafter “instant payment”).

C. A was merged with the Plaintiff on December 29, 2017, during which the instant lawsuit was pending.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 10 and the purport of the whole pleadings

2. The Parties.