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(영문) 서울고등법원 2019.01.11 2018나2054744
기타(금전)
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. An appeal against the ancillary counterclaim by the Defendant (Counterclaim Plaintiff) is filed.

Reasons

1. The following facts are acknowledged as follows: Gap evidence Nos. 1 (a written oath, because there is no dispute over the defendant's seal image part), Gap evidence Nos. 2, 3, Gap evidence Nos. 6 through 10, Gap evidence Nos. 12, and 13 (including a serial number; hereinafter the same shall apply), Eul evidence Nos. 4, Eul evidence Nos. 14, 15, Eul evidence Nos. 18 through 21, and Eul evidence No. 18 through 21, and the testimony of the witness of the first instance trial as a whole.

[1] The Plaintiff is a company that runs educational service business, such as publication of books and after-school lessons.

On September 24, 2002, the Defendant entered into an entrustment contract with the Plaintiff on September 24, 2002, and served as the Plaintiff’s Leecheon Branch leader. On March 1, 2013, the Defendant entered into a one-year employment contract with the Plaintiff on March 1, 2013, and the said contract has been renewed each year.

In the process of being promoted to a branch office as above, the Defendant presented to the Plaintiff a written oath containing the following contents (hereinafter referred to as “instant written oath”).

The defendant, in exercising overall control over the management of the members and the management of the members of the A (Plaintiff) business branch, shall take a pledge to observe the following matters:

1. To comply with the provisions set forth by the Plaintiff, and, in particular, to take measures to correct the issues of the branch management immediately when the company thoroughly received corrective instructions from the company, the company’s asset management, membership management, organization management, personnel management, and personnel management, which are its basic business.

3. The amount of 10 times the amount resulting from the following illegal acts, 5) the amount of money collected, in whole or in part, by means of registering the principal’s sales to the assistant staff, etc., shall be the amount of money collected from the assistant staff, according to the branch operating rules, the management teacher (the teacher in charge of recruitment and management only), the guidance teacher (the teacher in charge of teaching duties in addition to recruitment and management, and the branch office.

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