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(영문) 창원지방법원 2017.08.10 2016가단115015
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 20, 2015, the Plaintiff: (a) commissioned as an insurance solicitor of the branch office of the UP Insurance Marketing Co., Ltd.; and (b) signed a return agreement with the Defendant, the head of the said branch office, upon the commission of the following contents (hereinafter “a return agreement of settlement subsidy”); and (c) “a contract for the performance of compensation for losses arising from the payment of fees and incomplete sales” (hereinafter “a contract for the performance of compensation for losses”); and (d) the main contents of each of the above contracts are as follows:

The defendant shall pay 5 million won as the settlement support fund after commission to the plaintiff each month from September 2015 to January 2016, and the performance promotion fund shall be paid 50,000 won in cash when it reaches at least 500,000 won in the net month, and 1 million won in cash when it reaches at least 1,000,000 won in the net month, from August 2015 to July 2016.

The total amount of performance promotion expenses paid for one year and the total amount of settlement support expenses shall be refunded within two years, if the following agreement is not complied with:

(1) From August 2015, at least two years from the date of commission of August 2015, activities shall be conducted by the C branch offices of the Mirst Insurance Marketing Corporation.

(2) The ratio of 25th maintenance by complete sale shall be at least the standard ratio of stores (90%).

(3) Seoul Guarantee Insurance and Notarial Deed shall be completed when it is commissioned, respectively.

(2) The plaintiff and the defendant shall pay the prescribed fees incurred pursuant to the "Standards for Payment of Fees" (Criteria) recognized by both parties, as well as the prescribed fees. (30 million won or more) settlement support return contract 2) settlement support payment contract 3 (payment of fees) settlement support payment contract.

The criteria for the payment of fees shall include all commissions for life, non-life insurance, performance-based bonuses, and other support fees arising in connection with insurance contracts.

Article 5 (Refund of Fees and Compensation for Damages) The plaintiff shall enter into the relevant insurance contract with respect to the fees paid under Article 3.

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