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(영문) 대전지방법원 2018.08.29 2016가합39
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant A is a person who has worked as a mobile phone door-to-door seller from February 2013 to H. The Plaintiff I is a salesperson belonging to the Daejeon Regional Headquarters of the Daejeon District Headquarters of JJ agency. (2) Defendant C is a person in charge of overall management of contracts, salaries of employees, employment of employees and interviews with L companies specializing in telesi-si, Seocheon-si, Seocheon-si, and Defendant B is a president of L, who is in charge of overall management, including personal information collection and fund management, and Defendant D is a person in charge of general management of telemarkets as the chief management office of L.

Defendant E and G are the team leader of L and the telemarket staff in charge of attracting customers, and Defendant F is the person in charge of obtaining identification cards and various documents from attracting customers by means of L’s computerized management, and is the person in charge of telephone answering services.

B. On April 2013, Defendant A and Defendant A: (a) if the said Defendant recruited customers wishing to open the MM terminal through door-to-door sales or linkage with the team leader of the insurance company, the said Plaintiff would open and process them; and (b) 20,000 won out of the rebates to be paid by the radio company thereafter is divided into the said Plaintiff; and (c) the remaining amount is divided into the said Defendant; and (d) the said Defendant would use the remainder as subsidies promised to attract customers, except for KRW 50,000,000 (hereinafter “instant Work Convention”).

(2) However, contrary to the contents of the instant Work Convention, Defendant A had L recruit customers by presenting the condition that “if a person opens a mobile phone, support the cost of equipment and the termination penalty for 30,000 won per month for 24 months.”

(B) The amount of the subsidy agreed upon by Defendant A to each customer is below the upper limit, but it is generally the same amount as above). 3 Defendant A transferred information collected through L to Plaintiff I by transferring it to the Plaintiff I.

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