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(영문) 서울서부지방법원 2015.10.08 2015가단6220
환수금
Text

1. The Defendant’s KRW 3,246,192 as well as the Plaintiff’s annual rate of KRW 6% from January 30, 2015 to October 8, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a corporation whose main business is insurance business, etc., and the Defendant entered into a contract between the Plaintiff and the Plaintiff for commission of life insurance solicitors from December 1, 2010 to May 31, 2012, and worked as the head of the Plaintiff’s branch office B around that time.

B. The head of the branch that the Defendant is responsible for the issuance of a single-name project (PBM andrerere Bach Mager) is given the same level of authority as the head of the neighboring store. The Plaintiff agreed to pay the Defendant the settlement fee of KRW 7 million per month from January 1 to August 18, and the Plaintiff did not pay the settlement fee on the date of the first arrival of the contract, if the contract is terminated.

C. On August 4, 2011, the Plaintiff changed the criteria for the payment of PBM fees and obtained the Defendant’s confirmation, and the changed criteria include the provision that “the settlement fees shall be recovered when the head of a business branch office is removed within two years from the date of delegation: Provided, That in the case of converting the status into SM, it shall be deemed not dismissed and the delegation period shall be calculated. The recovered amount shall be recovered by 50% of the total settlement fees received from the first month of delegation.”

On April 17, 2012, the Defendant was dismissed from PBM, and the status was converted to intermediate intermediate insurance solicitors (SM and Sales). The agreement entered into with the Plaintiff and the special agreement on the delegation of SM with the Plaintiff. The agreement on the delegation of SM contains the provision “measures to recover at the time of the occurrence of a cause for recovery in accordance with the Rules on Private Business (Standards for Payment of SSM Fees)” that is “A measure may be taken to dismiss if it is not possible to achieve SM B. If it is impossible to do so, it may be removed, and the amount of 50% (PBM) of the total amount of the settlement fees paid for the existing type of business (PBM). At the time of dismissal within two years after the delegation of SM, the Defendant shall recover 50% of the total amount of the settlement fees paid for the type of business (PBM).”

E. The defendant is at the time of 4 months after the date of the delegation of the SM and at the time of SM B.

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