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(영문) 서울중앙지방법원 2021.02.17 2018가단5272783
수수료등 청구
Text

1. The defendant is 6% per annum from January 3, 2019 to February 17, 2021 to KRW 9,454,753 to the plaintiff.

Reasons

1. Facts of recognition;

A. On July 7, 2017, the Plaintiff entered into an FC Commission agreement with the Defendant (hereinafter “instant commission agreement”) and worked as an insurance designer belonging to the Defendant, and went through around August 2018.

B. At the end of the instant commission contract, the following parties fully aware and understood all the terms of this contract, including “FC (FFC) contract and business regulations,” and agreed to all the terms of the contract.

I swear that I will not raise an objection to the terms of the contract on the grounds of the failure to present the terms of the contract in the future.

“The Plaintiff’s signature is written below, and the Plaintiff’s signature is written.

(c)

The details of the defendant's business regulations (hereinafter referred to as "business regulations of this case") concerning the collection of fees are as shown in the attached Form.

(d)

The Defendant did not pay the Plaintiff the installment fee on June 2018 and the installment fee on July 2018, among the commission fees to be paid to the Plaintiff under the instant commission contract.

E. The Plaintiff’s fee reserve business rules at the time of retirement

IV. Prepaid and Guarantee Insurance

5.Fees accumulation System - All managers and FC shall reserve 5% of the fees per month as risk contributions.

The balance is KRW 18,452,924.

F. Meanwhile, on August 10, 2017, the Defendant paid KRW 50,000,000 to the Plaintiff (the actual amount is KRW 48,350,000,000, which was deducted from the source tax amount; hereinafter “the instant money”).

[Ground of recognition] Unsatisfy, entry in the evidence Nos. 2, 18, 22 and 23, the purport of the whole pleadings

2. The parties' assertion

A. The amount of the commission that the Plaintiff did not pay to the Plaintiff on June 2018 is KRW 20,617,823, and the amount of the commission that was paid on July 2018 is KRW 13,864,375, and the Plaintiff’s reserve funds at the time of retirement KRW 18,452,924. Thus, the Defendant totaled KRW 52,935,122 to the Plaintiff (i.e., KRW 20,617,823, KRW 13,864,375, KRW 18,452,924) and its corresponding amount.

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