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(영문) 서울중앙지방법원 2017.09.08 2017나15361
경력도입지원금 및 업적보너스반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On July 2, 2014, the Plaintiff and the Defendant entered into a contract with the Defendant to commission the Defendant to perform duties, such as the organizational management of the affiliated Fincian Pnann (hereinafter “FP”), arrangement of performance management and conclusion of insurance contracts, maintenance and management of insurance contracts, etc.

The matters related to this case among the terms of the commissioning contract shall be as follows:

Article 2 (Status) (1) SM as an independent business operator, shall faithfully perform the duties entrusted by the company (referring to the plaintiff; hereinafter the same shall apply) under this Agreement.

(2) SM shall not be subject to the rules of employment and all the regulations applicable to executives and employees of the company.

Article 3 (Period and Extension of Contract) (1) The contract term of this contract shall be one year from the date of conclusion of the contract.

(2) If this contract is invalidated due to the expiration, termination, or other reasons, the status of the designer (agency) shall also become invalid.

(SM) Article 12 (SMs to be Observed) shall faithfully implement the following matters:

9. He/she shall not interfere with the business of a company by unfairly inducing human resources in a commissioning relationship or employment relationship with the company to another insurance company;

Article 13 (Disadvantageous Disposition) (1) A Company may, if SM falls under any of the following subparagraphs, make a disadvantageous disposition, including dismissal, suspension of payment of fees, etc., and SM in receipt of such dismissal disposition shall be deemed to have been immediately terminated:

Provided, That the dismissal shall be limited to the case falling under paragraph (2) of Article 15 (Termination of this Agreement) of this Agreement.

Article 15 (Termination of Contract) (2) If SM falls under any of the following subparagraphs, the Company may terminate this contract by written notice even during the contract period:

3. Where he/she has intentionally or by gross negligence violated any of the matters to be observed in this contract, or the regulations and guidelines of the company involved;

9. Administrative and inevitable reasons for the company.

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