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(영문) 서울동부지방법원 2019.03.08 2016가단15922
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 10,586,382 to the Plaintiff (Counterclaim Defendant) and its related amount from April 28, 2016 to March 8, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The Defendant is a company running an insurance agency business, and the Plaintiff is a person who entered into a contract with the Defendant on November 25, 201 to commission an insurance solicitor (commission) and served as an insurance solicitor under its control.

B. The Plaintiff, as an insurance solicitor affiliated with the Defendant, was assigned an insurance solicitor code, and was engaged in the sales of insurance products by C Co., Ltd. (hereinafter “C”) from November 201 to September 2012, and solicited total of 183 insurance contracts.

On December 10, 2012, the Plaintiff was dismissed by filing an application for cancellation of the registration of an insurance solicitor with the Association of Korea. On December 26, 2012, the Plaintiff was registered as an insurance solicitor of the E Company.

C. According to the employee benefits payment criteria (hereinafter “instant payment criteria”) posted by the Defendant inside the company at the time when the Plaintiff was commissioned as the Defendant’s insurance solicitor, the following provisions are applicable to the criteria for the payment of allowances due to business activities, the criteria for the payment of allowances at the time of termination of the commission contract, and the recovery of fees.

Criteria for the payment of employee's benefits (in company bylaws)

6. Monthly early payment rate (300% for employees: 250% for employees, and 250% for employees: 260% for employees): (1) 230% for new employees at least 230% 250% for 250% for existing employees at 260% 250% for 250% 260% for existing employees at 260% 260% 270% for 260% for 270% for 280% for employees, 270% for employees, 280% for employees, 290% for employees, 260% for employees, 280% for employees, 290% for employees, 290% for employees, 290% for employees, 290% for 260% for employees, 290% for 260%, 290% for employees, 260% for 260%, 290%

9.The General Agreement 24,120,180,000 won for the 12-year payment of the 12-year payment of the 12-year payment of the 12-year payment of the 12-year payment of the 12-year payment of the 5-year payment of the 10-year payment of the 5-year payment of 12-year payment of the 10-year payment of the 12-year payment of the 10-year payment of the 10-year payment of the 12-year payment of the 5-year payment of the 1000,3200 P 45,2250 P 70,350 P 70,3500 80,400 P 50,000 won for the 10-year payment of

(2) When the dismissal is completed - No benefit in any form except for the portion paid for the first month of the last business month shall be paid at the time of such dismissal.

(3) The achievements of the month of dismissal or retirement shall be observed.

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