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(영문) 대전지방법원 2017.10.20 2015가단32018
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 16,553,226 and the interest rate of KRW 15% per annum from September 24, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From December 2013, A began to work as an insurance solicitor belonging to the Plaintiff, a company engaging in insurance agency business, and around that time, A received KRW 20,000,000 as a settlement subsidy from the Plaintiff.

B. On February 18, 2014, A issued to the Plaintiff a promissory note with the issuer A, the payee, the Plaintiff, the payment date at sight, and the face value of KRW 30,000,00 in order to secure the obligation to return the payment of the said settlement subsidy to the Plaintiff, and on February 19, 2014, a notary public delayed the payment of the said promissory note under No. 402, written with the law firm office and the authority of the law firm office and the authority of the law firm office, the said promissory note with the content that he/she does not raise any objection (hereinafter referred to as the “notarial deed of this case”).

C. A retired from the Plaintiff on January 12, 2015, and thereafter, from January 23, 2015 to May 18, 2015, from the Plaintiff, served in Franc Co., Ltd., and served as an insurance solicitor belonging to the Defendant from June 9, 2015 to June 2017.

On March 10, 2015, the Plaintiff collected KRW 2,263,152, and KRW 1,183,622, respectively, on March 27, 2015, upon receiving a collection order, from Daejeon District Court Decision 2015TTT 2015TT 3045, the Plaintiff collected the instant notarial deed as the title of execution, and collected KRW 2,263,152, including the insurance contract fee, etc. against A’s FC Co., Ltd.

E. In addition, the Plaintiff received the order of seizure and collection of the said claim (hereinafter “instant order of seizure and collection”) on July 13, 2015 from the Daejeon District Court 2015TTT9197, as to KRW 25,975,30, such as the insurance contract fee, subsidy, and subsidy that A will perform the affairs entrusted by the Defendant and receive accordingly, with the title of execution. The Plaintiff was served on the Defendant on July 13, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 (including virtual numbers) and the purport of the whole pleadings.

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