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1. The Plaintiff (Counterclaim Defendant) paid KRW 1,829,100 to the Defendant (Counterclaim Plaintiff) and the amount from April 29, 2016 to August 9, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The plaintiff is a superior company that provides funeral services, etc. by prepaid installment transactions, and the defendant is a branch office that performs duties such as recruitment, maintenance, etc. of members for the plaintiff.
On February 6, 2012, the Plaintiff entered into an entrustment agreement with the Defendant and a branch office agreement (hereinafter “instant agreement”) with the content that the Defendant voluntarily recruited members as a designer, while performing the business management of the branch office and other designers’ training, etc. by being in charge of the B branch office, and the Plaintiff shall pay the Defendant allowances therefor.
Of the instant agreement, the contents related to the issues of the instant case (including the contents of the “contract for the entrustment of a specialized designer” cited in the individual clause) are as follows.
The duties delegated by the head of a branch office under Article 1 (Delegation) of the Agreement on the Business of the Head of a Branch Office shall be as follows:
1. Business management of, and education of, designers (referring to the points managed and operated by the head of a branch office; hereinafter the same shall apply) affiliated with a designer (referring to the designers specified in the contract for the entrustment of the affairs of a specialized designer; hereinafter the same shall
2. Receipt of payments and administration of branch offices;
3. Support for events of members requested by the company;
4. Civil petition processing affairs, such as consultation, guidance, etc. for branch visitors and members;
5. Maintenance and management of members admitted at a branch office;
6. Management of facilities of branches and offices and of office fixtures;
7. Invitation and management of business organizations within the territory determined by an area or company in which a branch is located;
8. Other delegation affairs determined by the company (Duties of the head of a branch office) (3) The head of a branch office shall obtain approval of the company after submitting a business plan concerning the operation of the branch by the date requested
(4) The heads of branch offices shall operate branches in good faith according to the details of a business plan approved pursuant to paragraph (3).
Article 4 (Term of Contract) between Company and Branch Offices