(영문) 서울중앙지방법원 2019.06.27 2018가단5049020

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(영문) 서울중앙지방법원 2019.06.27 2018가단5049020

약정금

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1. The defendant shall pay to the plaintiff 35,695,450 won with 12% per annum from March 20, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff was an insurance agency selling insurance products of an insurance company. On August 13, 2015, insurance solicitors belonging to the Plaintiff of a branch office (ABM) were engaged in a position structure of general insurance solicitors, candidates for branch offices (ABM), branch offices (BM), and the head of the headquarters before April 1, 2015. From April 1, 2015, the name of the branch office candidate (ABM) was changed as the head of the branch office (BM) and the head of the agency as the head of the agency.

A commission contract (hereinafter referred to as “instant commission contract”) was concluded.

According to the instant commissioning Agreement, the Defendant served as the head of Daegu Central Branch in the Daegu Central Project Association from August 1, 2015 to March 2, 2018, and managed insurance solicitors belonging to the overall operations of the relevant branch and the branch.

(2) The instant commission contract is as indicated in the attached Form, and the Defendant later signed the commission contract.

B. The agreement on the payment of penalty for breach of contract at the time of support for the head of a branch office and termination of contract, but the above commissioning contract provides the defendant with the initial guarantee fee (the initial guarantee fee, performance fee, and performance fee) to help the plaintiff settle the case early, in accordance with the plaintiff's business regulations. However, if the defendant terminates the commissioning contract of this case within five years from the date of appointment of the head of the branch office, the defendant shall pay the "comfort penalty" calculated by deducting the initial guarantee fee received by the defendant up to a certain rate at the expiration of the period. The contents of this case

(1) The term of this Agreement shall be one year from the date of commission (for example, the provisions of the Company) Article 5 (Application of the Business Regulations) of the Company. (1) The head of a branch office shall be subject to all the provisions of the Business Regulations (including the criteria for payment of fees, and unless otherwise stipulated in this Agreement) of the Company.

(3) A company.

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