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(영문) 서울중앙지방법원 2015.12.09 2014가단5104233
약정금
Text

1. The Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) B, from May 11, 2014, with respect to KRW 18 million and its amount.

Reasons

1. Basic facts

A. The Defendants worked as an insurance solicitor at Non-Curus Co., Ltd. (hereinafter “Non-Curus”) and were commissioned by the Plaintiff at the Plaintiff’s recommendation as the insurance solicitor belonging to the Global Deposit Korea Insurance Agency Co., Ltd. (hereinafter “ Global Deposit”) on March 6, 2013, and operated until the end of December of the same year.

B. The Plaintiff entered the Defendants with global deposit and paid KRW 20 million to Defendant B as the head of the branch office affiliated with global deposit and KRW 15 million to Defendant C respectively, and the remainder shall be paid at the same time as commission and in accordance with the agreed method. However, in the event the Defendants retire within one year, the Plaintiff entered into the instant agreement with the purport that “the Plaintiff shall recover the full amount of the settlement subsidy.” In accordance with the instant agreement, the Plaintiff paid KRW 18 million to Defendant B and paid KRW 15 million to Defendant C.

C. On the other hand, the Plaintiff and the Defendants, after leaving their jobs with global DD branch, accumulated complaints about the operation methods of the above company including the establishment of new branch office with the Plaintiff as the branch office, decided to leave the company again from the above company on December of the same year. After that, Defendant B did not work again as a non-catur office, and Defendant C did not work for the above office for a long time.

[Ground of recognition] The fact that there is no dispute, each entry of Gap evidence 2 through 5, including various types of numbers, witness E and F's testimony, the whole purport of pleading

2. Determination on the main claim

A. The gist of the parties’ assertion (1) agreed to return to the Plaintiff the full amount of the settlement subsidy that the Defendants received when they retire within one year from the date they were commissioned as insurance solicitors from global deposit. The Plaintiff agreed to return the full amount of the settlement subsidy to the Plaintiff with the Defendants’ active consent.

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