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(영문) 부산지방법원 2017.01.17 2015가단227976

청구이의

Text

1. Promissory notes drawn up by the Defendant’s notary public against the Plaintiff at No. 79, 2013.

Reasons

1. Facts of recognition;

A. On February 7, 2013, the Plaintiff, as an insurance solicitor, was paid KRW 4,875,00,000 as a subsidy after entering into an insurance solicitor commission contract with the Defendant (formerly trade name, Inc., Ltd.) who is engaged in the insurance agency business, from February 7, 2013 to February 6, 2015, and was paid KRW 4,875,00 as a subsidy after deducting taxes, starting the insurance solicitation business and deducting taxes. < Amended by Presidential Decree No. 24585, Feb. 7, 2013; Presidential Decree No. 24585, Mar. 25, 2013>

B. On February 13, 2013, a notary public drafted a notarial deed (hereinafter “notarial deed of this case”) with respect to promissory notes, the amount of which is KRW 30 million at par value, the addressee, the Defendant, and the issuer, as indicated in No. 79 of 2013.

C. The Plaintiff resigned on April 10, 2015, and was dismissed on April 23, 2015.

On June 12, 2015, the Defendant issued a ruling to commence a compulsory auction on the Plaintiff’s real estate B with Busan District Court as Busan District Court 2015No. 3259, with the amount claimed as KRW 10 million. On July 14, 2015, the Defendant issued a ruling to commence a compulsory auction on the Plaintiff’s real estate as Busan District Court B.

E. Meanwhile, as the Plaintiff was commissioned as an insurance solicitor, the Plaintiff prepared a career support payment (return) major confirmation, agreement, etc., and the relevant contents are as follows.

Certification of Important Matters for Payment of Career Support (Refund) (Performance of Payment of Fees)

A. The Plaintiff shall receive the settlement subsidy of KRW 10 million, career support fees, etc. and shall return the full amount of the subsidy, etc. within 24 months upon retirement.

Provided, That if there is a large subsidy even at the time of retirement after 24 months, if it falls short of the achievements determined by the defendant, it shall be repaid at the request of the defendant.

(2) At least twice the amount of the subsidy. (3)

The plaintiff shall receive a fee and return it according to the payment rate of the relevant collection provision when the collection occurs.

The plaintiff shall pay the fees paid before retirement due to the invalidation, cancellation, quality guarantee, civil petition, etc. of the contract generated after retirement.