(영문) 서울중앙지방법원 2018.07.05 2016가합567953

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.07.05 2016가합567953

위탁수수료등 청구

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Article 3 (Scope of Entrusted Affairs) The Company shall entrust the head of the headquarters with the following affairs:

1. Business affairs to attract customers and business affairs incidental thereto;

2. Management affairs, including education to salespersons within the scope of approval of a company;

(4) The chief of the headquarters shall perform entrusted duties and receive commission fees and allowances in accordance with the provisions of this Agreement, and shall not be subject to the Labor Standards Act, the rules of employment and personnel regulations of the company.

Article 7 (Prohibition of Business of Same Kind or Competitionr) In order to faithfully perform the duties entrusted with a company, the chief of the headquarters shall not perform the business of an enterprise which is in the same kind or competitive relationship with the company during the contract period, or perform any act to assist such enterprise.

Article 9 (Entrustment Fee) Commission fees and allowances for sales of goods shall be governed by the regulations on payment of allowances of the company.

(2) Article 10 (Time to Pay Fees) The timing to pay fees shall be governed by the Regulations on the Payment of Allowances.

Provided, That where special circumstances exist, it may be adjusted through mutual consultation.

(3) Article 14 (Termination of Contracts) (2) The Company may terminate this Agreement without a peremptory notice to the chief of the headquarters, if any of the following events occurs:

Article 15 (Measures following Termination of Contracts) (3) In cases where a contract with a consumer recruited by the head of the headquarters or his/her salesperson is maintained, the company shall not pay commission fees and business allowances to be paid in installments after the contract is terminated, and the head of the headquarters shall not exercise the right to claim such fees.

Plaintiff

B, C, I, and J (hereinafter “Plaintiff B, etc.”) entered into a sales and consignment management contract (hereinafter “instant management contract”) with the Defendant, the purpose of which is funeral services, funeral services, funeral services, etc., including the following matters:

4. The grounds for the dismissal of LC shall be as follows:

참조조문

-근로기준법

유사 판례

-서울남부지방법원 2018.02.06 2016가단245214

-서울고등법원 2019.02.13 2018나2042529

-서울남부지방법원 2018.07.06 2017가합112639

-서울고등법원 (춘천) 2017.02.08 2016나47

-대구지방법원서부지원 2016.01.27 2015가단33407