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(영문) 서울중앙지방법원 2017.03.31 2016나45457
환수금
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. Basic facts

A. The plaintiff is an insurance agency company.

Since April 2013, the defendant was working at Dong Fire Insurance Co., Ltd. B, the number of 10 employees including the head of the center and the defendant, who were responsible for the above branch from April 2013, was discussed to change the employment of the plaintiff.

B. On June 1, 2013, the Plaintiff entered into a contract with the Defendant for commission of the Defendant as the Plaintiff’s financial designer (FP) and for commission of the Defendant as the head of the team (Fincisc Plaer, FL or Finc Pacter, FM; hereinafter “FM”), respectively, with the Defendant.

(hereinafter referred to as “each of the instant commissioning Contracts.” According to each of the instant commissioning Contracts, the Plaintiff’s Agent Fee Rules (Evidence 7, hereinafter referred to as “instant Fee Rules”) shall apply with respect to the fee, etc. that the Defendant is to receive as FP and FM.

C. According to each of the instant commission contracts and commission regulations, the Defendant, as a FP, is entitled to receive education and training costs and royalties, recruitment maintenance fees based on his/her insurance contract solicitation performance, fees related to cuadting (e.g., cuading, cuading performance rates, etc.) and to receive a certain amount of the total recruitment maintenance fees of the team members as MF, and is entitled to receive a certain amount of the total recruitment maintenance fees of the team members as MF.

The provision of the instant fee provides that the Plaintiff’s new participant shall receive education and training fees and royalties, and that the new participant shall recover the full amount of the fee within one year after the commission of the new participant.

The Defendant received KRW 100,000,000 from the Plaintiff as the education and training costs around July 2013, and KRW 1,553,124 from July 2013 to November 201.

E. The Defendant received KRW 5 million from the Plaintiff on June 2013, 2013, which included items in the specification of payment of fees in June 2016 as “advance support fees.”

(f) On November 1, 2013, the Plaintiff is between the Defendant and the Plaintiff.

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