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(영문) 서울중앙지방법원 2017.02.08 2015가단188097
경력도입지원금 및 업적보너스반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 2, 2014, the Plaintiff and the Defendant entered into a commission agreement with the following terms, which commission the Defendant as the “Ssiaer” (hereinafter “SM”) of the Plaintiff’s branch to which the Defendant belongs, and entered into an agreement with the Defendant to entrust the Defendant with the organizational management of the “FP”, the management of achievements and the conclusion of insurance contracts, and the maintenance and management of insurance contracts:

Article 2 (Status) (1) SM as an independent business operator, shall faithfully perform the affairs 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;

B. On July 23, 2014, the Plaintiff paid settlement subsidy of KRW 20 million between the Defendant and the Defendant, ② as of the month of achievements, between March and August.

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