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(영문) 대전지방법원 2016.10.19 2015가단225957
퇴직금청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C was operating a private business chain D, and established E on July 21, 1994, and established the Defendant on March 21, 2001, and the Defendant merged E on August 1, 2006.

(hereinafter referred to as “Defendant, etc.” when they are collectively named each of the above companies. The Defendant is a company supplied with teaching materials and teaching materials, etc. from F, which is a dealer of young children, such as teaching materials and books, and sells them in Daejeon and Chungcheongnam-Nam.

(D) The business objectives of Company E are similar to those of Company E.

From December 4, 1986 to the above merger, the Plaintiff performed the delivery and collection of teaching materials, etc. sold by the Defendant door-to-door sellers from D and E, and from March 15, 2014 to March 15, 2014.

C. Meanwhile, around April 6, 1989 and June 1, 1993, the Plaintiff entered into a gold collection agency contract with D (hereinafter “instant contract”) with D. The main contents are as follows.

1. Dr. D representative C is A, and referring to A, a gold collection agency business entity in the astronomical area.

2. A shall entrust B with all matters necessary for the collection and management of gold bars, and Eul shall faithfully manage all the affairs of the area designated by A, and Eul shall not carry out the general miscellaneous duties performed as the ordinary management member even though it is not the gold collection business, and shall identify and report all the information related to the illicit outflow of goods and the profit and loss of the company.

3. A shall pay 9% of the amount of the deposit to B, 5% of the amount of the deposit, and 5% of the amount of the deposit reduction card to B as the agency fee.

[As from November 2003, cash 8%, credit card 3%, cash 8% from January 201, and credit card 3% shall be paid from around January 201, and the upper limit and the lower limit (as from January 2, 2010 to February 201, the upper limit was 8 million won, the lower limit was 7.2 million won, and the lower limit was 8.3 million won from March 201 to March 2014) are set and paid only within the limits of the upper limit and the lower limit was 7.5 million won). Any treatment is agreed upon under the conditions of paragraph (3) and as required.

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