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(영문) 서울중앙지방법원 2016.04.08 2015가합4684
특별상여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

From May 15, 2012 to November 31, 2014, the Plaintiff is a person who works for the Defendant’s branch B branch B SM (SM as agreed by the parties; hereinafter referred to as “SM”), and the Defendant is a company engaging in an insurance business, etc.

Details of conclusion of an understanding angle and SM delegation contract between the Plaintiff and the Defendant

5. The defendant is provided by the plaintiff 5-1. Sgring Bronus (Special Performance Grade). The defendant shall pay Sgring Bronus (Special Performance Grade) to the plaintiff based on the income statement that the company is true, complete, and correct in all aspects. Special Performance Grade is calculated based on paragraph (b) below, but it shall be paid to SM after the date on which BM and SM took all of the following parts (the starting date of effect):

i) BM and SM shall sign all contracts requested by the Defendant. ii) BM and SM shall be registered with the Life Insurance Association as an insurance solicitor of the Defendant.

iii) BM and SM shall carry out insurance solicitation services in accordance with the commissioning Agreement. (b) The criteria for calculating special performance rates and the date of payment are as follows:

i) Calculation Criteria: 100% (based on withholding receipt) of the average annual income for the two years immediately preceding the contract for appointment of SM: The first allowance payment date after the preparation of the commission contract shall be c) if the Plaintiff is unable to guarantee 50% of the special bonus, 50% of the special bonus shall be paid after two years. 6. The reasons for the return of the bonus and the amount of the bonus (the second year of the year), the annual income of SM x 13b) x the settlement performance for three months after the expiration of the period of the second year performance (the second year of the year), the special bonus of SM shall be recovered as follows.

연 소득 = 지원자의 위촉 계약 직전 2년간 연 소득 합계액/2 총 실적조건 100%≤달성률 70.0%≤달성률<100% 70.0%>달성률 환수 환수 없음 환수금액 = 특별성과급 × (100%-달성률) 100% 환수 달성률= 달성실적(1차년도 2차년도)/총 실적조건 1차년도 ...

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