(영문) 수원지방법원 2015.08.18 2014가단62172 (1)

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(영문) 수원지방법원 2015.08.18 2014가단62172 (1)

보장수수료환수취소 및 근저당설정해지

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From August 2010, the Plaintiff, while working for the FP (FP) and SP (Sser) in the Hanhwa Bio-resources, supported the Defendant’s FP Director around June 17, 2013. At the time of the above support, the Plaintiff submitted a written confirmation of support that explained the standards for the FP Director and the requirements for the payment of the team building support expenses, the amount of payment, the minimum qualification examination, and the requirements for recovery.

B. On July 12, 2013, the Defendant entered into an FP commission agreement with the Plaintiff, and around July 15, 2013, entered into a delegation agreement with the head of the FP headquarters for customer security activities (hereinafter “instant delegation agreement”). The main contents of the said delegation agreement are as follows.

This delegation contract shall apply from the date of the contract to the date the payment and recovery of the team building costs are terminated.

The plaintiff is bound by the defendant's BFP branch located in Suwon-si.

Fees paid in consideration of the performance of the delegated duties shall be classified into “the FP Director’s Fees” and “the team building support expenses,” and each fee shall, in principle, be paid on the 20th of the following month for the monthly performance.

The term "FP Director's fee" means a fee paid differently according to the results achieved by the Plaintiff and the FP grade, etc., as prescribed by the defendant's "FP Director's Standards, etc.".

The term "project costs for team building" means advance payment support costs to be paid temporarily, etc. for the support of the plaintiff's team building from January to December of the support in accordance with the terms of this delegation.

[Provided, That in the event that any of the following grounds arises, the Defendant shall recover the amount of the “cost for supporting team buildings” from the first month of support to the second December of support (hereinafter referred to as the “cost for recovery”), and the Plaintiff shall refund the relevant cost for recovery without delay:

(hereinafter “instant restitution provisions”) 1. Performance of delegated duties.

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