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(영문) 서울중앙지방법원 2016.01.27 2014가단192464 (1)
약정금
Text

1. The Defendant Han Lan Insurance Co., Ltd.: (a) KRW 1,567,151 to the Plaintiff; and (b) from February 1, 2012 to January 27, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff refers to the commission party as a business allowance according to the business performance. However, the Plaintiff’s service performance refers to the commission fee as specified in the Rules on the Payment of Fees or the monthly payment statement of the Defendants.

At the end of October 2010, the parties were commissioned as the "Sale Mager" (the "Sale Mager" means an insurance solicitor), and were discharged from the office as of March 24, 201, and thereafter, on March 24, 2011, the Defendant K non-life insurance was commissioned as the three Mager and worked at B points.

A person dismissed on August 22, 2012

B. The Defendant Hansung Non-Life Insurance Co., Ltd. prepared a fee statement (Evidence A 4; hereinafter “instant payment statement”) that provides that the remaining 21,152,00 won after deducting taxes, etc. from commission 22,358,928 won for August 2010 shall be paid to the Plaintiff. However, around August 2010, it did not pay the said fee to the Plaintiff on the ground that the Plaintiff, including the Plaintiff, was conducting an audit of the Plaintiff’s team members, etc. related to the recruitment of insolvency. In conducting an audit on the PA payment of the fee under Article 4(5) of the PA on the payment of the Defendant Hansung Non-Life Insurance (hereinafter “instant fee payment provision”), the provision that “if it is deemed that there is a possibility of recovering the fee due to other interest, long-term contact with the Plaintiff, lack of contract management, incomplete sales, etc., it may be withheld.”

C. On October 21, 2010, Defendant Han Lan Insurance calculated the commission payable to the Plaintiff who retires on September 21, 2010, and calculated the commission fee of September 2010 as KRW 6,027,774, and KRW 867,087, respectively, and calculated the commission fee of October 2010 as KRW 867,087, taking into account the audit result of the commission fee of August 2010 as indicated in the instant payment record.

I. The settlement records in paragraph 3 are not calculated on the basis of the conversion records of the new contract in the month.

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