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(영문) 부산지방법원 2016.02.17 2015가단28742

부당이득금등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person working as a branch office C branch office of Samsung Life Insurance Co., Ltd. (hereinafter “Seo Life Insurance Co., Ltd.”). The Defendant is a person commissioned as an insurance solicitor belonging to Samsung Life Insurance Co., Ltd. on December 20, 2012, who was proposed from the Plaintiff to work as an insurance solicitor belonging to Samsung Life Insurance Co., Ltd. on or around November 2012 while serving as an insurance solicitor belonging to Samsung Life Insurance Co., Ltd.

According to the statement of the remittance amount from the remittance date No. 15,00,000 won on December 20, 2012, 201, KRW 6,500,000 on January 21, 2013, KRW 31,203,50,000 on February 21, 2013, KRW 420,000 on March 22, 2013, KRW 5,000,00 on March 22, 2013, KRW 5,30,000 on April 22, 2013, or KRW 1 (transaction specifications) as sought by the Plaintiff.

6. KRW 8.1,30,000, KRW 7.1,700,000 on May 22, 2013 7, 2013: KRW 50,60,000 on July 23, 2013; KRW 9.1,30,600 on August 23, 2013; KRW 10,000 on September 17, 2013; and KRW 11,50,000 on September 21, 2013; and

B. From December 20, 2012 to October 21, 2013, the Plaintiff remitted KRW 50,600,000 to the Defendant’s corporate bank account via the Plaintiff’s KB bank account.

C. Around August 2014, the Defendant withdrawn from the teaching life.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 5, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On November 2012, the Plaintiff asserted that the Plaintiff would pay the difference to the Defendant when the monthly salary of KRW 15 million for the first month is less than KRW 15 million in lump sum, and the monthly salary of KRW 15 million for the following October, as a premise for the Defendant’s performance of conversion into work and the maintenance of each insurance contract kept by the Defendant for the 25-month period as a premise for the payment of the settlement subsidy.

In accordance with these agreements, the Plaintiff transferred KRW 50,60,000 to the Defendant’s account as a settlement subsidy between December 20, 2012 and October 21, 2013. The Defendant is serving as an insurance solicitor belonging to the teaching life.