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(영문) 서울중앙지방법원 2016.09.27 2015가합514877
해고무효확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 186,776,941 as well as the full payment from June 19, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The parties are insurance companies under the Insurance Business Act that run life insurance business and related business, and the Plaintiff is a person who operates an insurance agency dealing with life insurance business, etc. under the trade name of “B.”

B. (1) On June 15, 2012, the Plaintiff entered into an insurance recruitment service contract between the Plaintiff and the Defendant, etc. (hereinafter “instant entrustment contract”) with the main content that the Defendant entrusts the Plaintiff with the conclusion of the insurance contract as an agent and the incidental business thereto, and pays fees therefor (hereinafter “instant entrustment contract”).

(2) After the conclusion of the instant contract, the Plaintiff and the Defendant concluded an agreement on the payment of piece rates (hereinafter “instant piece rates agreement”) with the effect that the Defendant would return all or part of the piece rates (hereinafter “the instant piece rates agreement”) from June 15, 2012 to November 27, 2014, in addition to the commission that the Defendant would pay to the Plaintiff for the solicitation and maintenance of insurance contracts in accordance with the instant entrustment agreement, the Plaintiff and the Defendant made an agreement on the payment of piece rates (MB) in addition to the commission that the Defendant would pay to the Plaintiff for the recruitment and maintenance of insurance contracts. In short, the Plaintiff and the Defendant paid to the Plaintiff the Plaintiff the Plaintiff a total of KRW 440,000,000 on piece rates according to the instant piece rates agreement.

[The purpose of this case's entrustment contract] The purpose of this entrustment contract is to prove the fact and to clarify the rights and obligations of both parties arising therefrom when the company (hereinafter referred to as "the defendant") entrusts the Master Pluan (hereinafter referred to as "MP") with the vicarious execution of insurance contract.

Article 2 (Term of Contract) The term of this Agreement shall be one year from the date of conclusion of this Agreement, and shall be 30 days from the expiration date of the contract if there is no notification from either party of the intention to cancel the contract.

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