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(영문) 서울서부지방법원 2017.04.04 2016나37109
영업수당반환금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company that provides funeral services, and the Defendant is the head of Busan branch office that sells the Plaintiff’s goods. Around February 3, 2014, the Plaintiff and the Defendant entered into a contract for the allowance of branch offices (hereinafter “instant allowance contract”).

1.To act as an intermediary and agent for concluding contracts in compliance with the rules and orders of the Company (Plaintiffs) and to take charge of the management of branch offices, business employees (local branch offices' own regulations) and obtain the qualification for operating branches on condition that they will be sold more than 500 units per month.

3. The defendant of the branch office shall be delegated with all rights to the members and fees (amount of remaining fees, and amount of repayment) who have been managed by the business employees after his/her departure and retirement while in office.

If the branch office is closed into a business depression, all rights shall be waived and delegated to the company en bloc, and if there is an advance payment, a pledge shall be given in cash immediately, and if there is an advance payment, business activities of the same type of business shall not be conducted for one year after the waiver of the business.

-the terms of payment of fees -

1. Making an agreement of 130,000 won per unit of recruitment fees, and the payment of fees shall be limited to group slabing business, and only once for the portion received from a month to a Saturday, the payment shall be made on the following Saturday after checking one deposit;

(3.3% of the business income tax shall be paid collectively through the accounts for branch management after the deduction of the business income tax. 2. 50,000 won per unit of the operating fees for branch, agreed to be paid once for the portion received from 1 to 31, and only once for the portion received from 27th of the following month after the confirmation of the deposit (Cms).

(3.3% after the deduction of business income tax;

3. Withdrawal and cancellation of membership (not more than ten times for business members), and twice in arrears shall be repaid when an allowance is settled, and if no allowance is paid, it shall be immediately paid in cash;

(Business Members: 1-3 times to 100%; 4-10 times to ; 50% after deducting the amount of membership deposits; and 2. Branch offices: Members (Agreements). (Publicly, the allowances paid during the event of failure to maintain shall be fully refunded).

The defendant is from February 2014 to Busan branch office.

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