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(영문) 서울중앙지방법원 2017.01.18 2016나58927
환수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On July 4, 2014, Korea Financial Design Corporation (hereinafter “Korea Financial Design Corporation”) commissioned the Defendant as a financial designer of the Nonparty Company’s A&P headquarters (hereinafter “FP”) with the following content:

(hereinafter referred to as the "Commission contract entered into as above). FP is an insurance solicitor under the Insurance Business Act, and is an independent business entity, and performs the affairs entrusted by the non-party company under this contract.

The contract term of this contract shall be one year from the date of conclusion of the contract.

The non-party company shall pay the FP fee within the fixed date in accordance with the “Regulations on Transfer Fee”.

B. The “Regulations on Fee Transfer” of the non-party company (hereinafter “instant fee provision”) provides that education and training expenses and royalty increase that are paid to the FP shall be recovered in full at the time of retirement within one year after the commission. The non-party company paid KRW 1,00,000 to the Defendant on August 8, 2014, and KRW 1,854,147 to January 2015 of the same year.

C. On the other hand, on December 15, 2014, the non-party company entered into a transfer agreement (hereinafter “instant transfer agreement”) with the Plaintiff as follows, with the content that the non-party company transferred all the business related to the headquarters of the non-party company’s “A&P business” (hereinafter “the instant transfer agreement”). On the 10th of the same month, the Defendant consented to the Plaintiff’s acquisition of the insurance contract in accordance with the instant transfer agreement and the Plaintiff’s exercise of all rights and obligations that have arisen or may arise under the instant contract after

Article 1 (Reference Date for Transfer and Acquisition of Business) The reference date for transfer and acquisition of business to Article 1 (Reference Date for Transfer and Acquisition of Business) B (referring to the plaintiff; hereinafter the same shall apply) shall be January 1, 2015.

Article 3 (Subject Matter of Transfer) The subject matter of transfer under this Agreement shall be transferred or taken over, including the following:

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