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(영문) 서울고등법원 2016.02.03 2015나13012

성과급반환

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance (from No. 2, No. 7, to No. 20, No. 1) except for the addition or dismissal as follows, and thus, it shall be cited by the main text of Article 420 of the Civil Procedure Act.

The following shall be added, on the fourth 19th 19th son of the first instance judgment:

"5-2. Performance-Based Guarantee b) Applicants shall select one of the following matters in relation to guarantees for monthly piece rates:

i) (i) establishing a surety insurance policy or collateral security for 50 per cent of the total monthly performance rate. (ii) If the guarantee for the total monthly performance rate is not available, the payment of the first year fee and the management allowance shall be deferred for 100 per cent for one year after commission and shall be made in installments for 12 months after the first year.

Article 1(1) of the Act on the Payment of Fees (hereinafter referred to as the “Rules on the Payment of Fees”) (hereinafter referred to as the “Rules on the Payment of Fees”) (Article 1(1) of the Act on the Payment of Fees to the Insurance Solicitors, which applies to the Plaintiff, was signed by the Plaintiff on June 15, 2012, with the following: (a) the Plaintiff entered into a contract with the Defendant for the commission of Sales Mager on the terms of the performance-based payment agreement; and (b) the Defendant entered into a written confirmation that he was aware of the full explanation of the respective performance-based payment regulations applicable to the Plaintiff’s insurance solicitors (N. 2012-1); and (c) the details as follows:

1. The fee shall be paid only to SM during the period of calculating the performance of the fee (from the first to the last day of each month);

2. The dismissed SM during the period for calculating the actual performance of the fee shall pay the dismissed fee by applying the provision of the payment provision of the fees to the Master Pnn, applying the provision of the fee “after dismissal after the termination of the insurance solicitation entrustment contract.”

Article 4 (Gasside Commission: Basic Management Fees)

1.The Commission shall pay as follows:

1 SM itself.