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(영문) 대구지방법원 2019.10.23 2019나304576
대여금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 20,000,000 for the Plaintiff and its related costs from August 1, 2009 to October 1, 2019.

Reasons

1. Basic facts

A. On July 17, 2008, the Plaintiff, a branch office of C Co., Ltd. (former D Co., Ltd.; hereinafter “SP”) entered into a sales contract with the Defendant (hereinafter “instant contract”). The main contents are as follows.

2. Matters to be supported;

(a) Support after delegation to the manager under the provisions of C;

(b)Support as follows:

1) The total received benefits shall ensure that the average monthly amount of KRW 7 million is 1 year. (The tax and deductible expenses shall be borne by the principal.)

2) The benefits for the calculation and maintenance rate shall be paid in the event that the total total maintenance rate is less than 90 per cent.

(c)in the event of resignation under one year, any assistance other than the Company Regulations shall be recovered;

(The part of corporate assistance shall be governed by the Company Regulations)

(d)After delegation 1), 10,11, 12,00 won will be paid in advance as of the end of August 2008 when the benefits were paid on August 1, 2008. (In full at the time of dismissal or discharge, 20,000 won will be paid in installments on May 2009 to July 200.

2) At the time of the issuance of the movement to the head of the branch, the salaries of sub-paragraph 1 above shall be guaranteed.

3. Matters concerning production management;

(a) 5 million won or more of the monthly payment of the team after the sixth month;

(b) maintain confidential information in any case in respect of any of the above assistance;

(c) The restraint money of the life insurance association following the conclusion of a refund contract shall be borne by the principal;

B. On August 18, 2008, the defendant entered into a contract for commission of insurance solicitors with the non-party company. The part concerning the commission of insurance solicitation fees in the contract for commission is as follows.

Article 6 (Insurance Solicitation Commission)

1. The Company shall pay the fees of an insurance solicitor within a fixed date in accordance with the “Standards for Payment of Fees for Regulations on Private Business (hereinafter referred to as “Standards for Payment of Fees”) established by the Company;

2. When concluding a commissioning contract, the company shall fully explain the standards for payment of fees referred to in paragraph (1) to insurance solicitors and obtain their consent.

C. On August 29, 2008, the Plaintiff remitted KRW 20 million to the Defendant under the instant contract. D.

The defendant from August 22, 2008 to August 12, 2009.

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