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(영문) 부산지방법원 2016.10.13 2015가단231074
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from September 19, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a person operating the "D" agency of C (Seoul) in Busan, and the defendant is an insurance solicitor.

On September 1, 2014, the Plaintiff entered into a contract with the Defendant to commission the Defendant as an insurance solicitor of the Plaintiff for three years, and paid KRW 35,000,000 of the subsidies, and if the Defendant violated the three-year working conditions, the Plaintiff agreed to return the full amount of the subsidies.

The contents of the written agreement shall be as follows:

(E) Title 1 of the Agreement: “D Branch Commission Contracts and Agreements”

1. Business contract;

(a) B (referring to the defendant; hereinafter the same shall apply) shall perform responsibilities and obligations as FP for three years (36 months) after being commissioned to A (referring to the plaintiff; hereinafter the same shall apply) and D in order to ensure the stable management of D;

(b) If the contract terms of the contract cannot continue normally due to the responsibility of B to maintain and suspend business activities terminated in the middle of the contract, the contract deposit shall be settled immediately after the commission of theor.

B. The plaintiff paid 35,00,000 won to the defendant on the day of the above commissioning contract, and the defendant thereafter started working at the above agency of the plaintiff.

C. On September 7, 2015, the Defendant sent to the headquarters C located in the seventh floor of Seoul Jung-gu, Seoul, a certificate of content stating “requesting dismissal due to an individual circumstance” to the head office, which reaches the said company around that time.

The defendant did not thereafter attend the plaintiff's agency.

(2) Each entry in Gap 1, 2, 3, and 5 (including serial numbers), and the purport of the whole pleadings, without dispute, as to the termination of a commission contract (which does not dispute all the defendants)

2. Determination

A. As seen in the judgment on the cause of the claim, insofar as the Defendant was dismissed without having served a three-year period, barring any special circumstance, the Defendant is above the Plaintiff.

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