(영문) 서울중앙지방법원 2015.10.23 2015나18861

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(영문) 서울중앙지방법원 2015.10.23 2015나18861

환수금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff sought payment of KRW 9,00,000 for settlement support and KRW 284,234 for the Defendant. The court of the first instance dismissed the claim of KRW 284,234 for settlement support and the claim of KRW 9,00,00 for settlement support.

Therefore, since only the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim for settlement subsidy.

2. Facts of recognition;

A. On November 1, 2010, the Plaintiff (hereinafter “Plaintiff”) entered into a contract with the Defendant for the commission of an insurance agency employees (the head of the team) for the solicitation of insurance (hereinafter “instant commission contract”) on November 1, 2010, and paid KRW 9,000,000,000 as the payment for settlement support, to the Defendant as the payment for settlement support.

B. Of the Plaintiff’s fee payment provision, the relevant provision on settlement support (hereinafter “instant provision”) is as follows.

The purpose of this section is to support settlement through the subsidization of early income of employees.

Article 3 (Support for Settlement of Head of Team)

1. Object: The head of the new team leader;

2. Criteria for payment and amount of support;

(a) evaluate and pay the class on a three-month basis from the date of entry;

4. Redemption; and

(a) He/she shall recover the full amount of retirement (i) retirement from his/her office before the sixth month of his/her membership;

(2) If a member retires within 7 to 24 months of membership, he/she shall recover at the rate of the month of his/her service.

(3) In the case of recovery due to retirement, it shall be applied regardless of the reason for retirement (re-commission) and the period of recovery shall be immediately recovered from the date of withdrawal.

C. At the time of the instant commission contract, the Defendant signed and sealed the supplementary clause of the instant commission contract stating the purport that the Defendant heard the Plaintiff’s guidance on the entirety of the Plaintiff’s fee provision and the Plaintiff’s provision.

The defendant retired on January 31, 2011.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

3. The parties' assertion

A. The plaintiff.

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