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(영문) 서울중앙지방법원 2018.10.12 2017나86950
정착지원금 및 업적보너스 반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 15, 2014, the Plaintiff engaged in the life insurance business, and entered into a contract with the Defendant on the commission of the Defendant as the Plaintiff’s branch Spanger and team leader, under which the Plaintiff commissioned the Defendant as the Plaintiff’s B branch M (SGer and team leader) and concluded a contract with the Defendant to entrust the Defendant with the management of its organization, performance management, efficiency management, etc., the FP’s business operations, education and training, support for the FP’s sales activities, guidance, etc.

B. On the other hand, on July 23, 2014, the Plaintiff entered into an agreement on the support of the introduction of team/branch unit experience (hereinafter “instant support agreement”) with the Defendant as follows.

1. In the event of the issuance of career experience SM/ABM/BM, payment is made after delegation to us of the settlement support fund to meet a certain objective;

2. Support - Settlement Support 20,000 won for settlement support - Settlement 20,000 won for settlement support - Payment 20% of the 3-8th of each month of achievements, 20% of the 1st of the 1st of each team (6 months) for each month - Payment 4, 7, 10, 13th of each month (4th of each month) for quarterly average achievements (6 months).

3. Recovery of subsidies and beams at the time of the decline of persons eligible for support for recovery standards: Not more than 12 months, but not more than 100% for up to 24 months.

C. On October 6, 2014, the Plaintiff and the Defendant entered into a BM commission contract with the content that “the organization management, achievement management, efficiency management, etc. of branch offices, the entry of branch FP/SM, education and training, and support, guidance, etc. for the sales activities of branch FP/SS” to the Defendant.

In accordance with the instant support agreement, the Defendant: (a) KRW 16,020,00 for settlement support around August 2014; (b) KRW 16,645,000 for settlement support around September 2014; and (c) KRW 9,84,00 for settlement support around October 2014; and (d) KRW 9,612,00 for settlement support around November 2014; and (e) KRW 5,000 for settlement support support around December 2014; and (b) KRW 9,996,00 for settlement support around December 2014; and (c) KRW 10,57,00 for settlement support around January 2015; and

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