logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.20 2016나62124
지원금등반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurance agency company, and the Defendant was commissioned from February 25, 2014 to October 15, 2014 as an insurance solicitor of the Plaintiff’s central branch B (hereinafter “FA”) and performed duties.

B. Of the commission contract prepared at the time of the commission of the defendant, the sales commission contract, joint management contract, pledge of observance of ethical guidelines, organization management contract, and confirmation of new settlement support system, the part related to this case is listed in the annexed Form 1.

C. Of the provisions related to the Plaintiff’s business, the part related to the instant case is as shown in attached Table 2.

The Plaintiff shall be entitled to the Defendant’s early stabilization subsidy in the name of KRW 5 million on February 27, 2014 and KRW 2,335,460 on April 30, 2014 as a new settlement subsidy, and the same year.

5. 31.1,079,760 won, and the same year.

6. A total of KRW 8,844,90 in 30.429,680 was paid.

E. The Defendant was dismissed within one year after the commission and was unable to perform his/her achievements of at least 6 million won for six months after the commission, and thus constitutes a condition to recover the initial stabilization subsidy and the new settlement subsidy.

Accordingly, on November 6, 2014, the Defendant prepared and delivered to the Plaintiff a repayment agreement and a written oath that the said KRW 8,844,900 will be repaid in installments by August 31, 2015.

F. The Defendant paid KRW 4,844,900, out of the above KRW 8,844,90, to the Plaintiff, until the closing date of the instant appellate trial.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1 (including those with a serial number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remainder of 4 million won which was not returned (=8,844,900 won-4,844,900 won) as a result of the Plaintiff’s performance of the obligation to recover and delay damages therefrom (=8,844,90 won).

B. Even after the defendant was dismissed, the defendant shall be paid the remaining fees for the insurance contract that the defendant recruited from the plaintiff.

arrow