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(영문) 서울중앙지방법원 2017.11.21 2016가단77583
정착지원금 및 업적보너스 반환
Text

1. The Defendant shall pay KRW 47,337,00 to the Plaintiff the annual rate of KRW 15% from August 4, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On May 15, 2014, the Plaintiff: (a) commissioned the Defendant as Spangleer (hereinafter “SM”); (b) concluded a support agreement with the Defendant on July 23, 2014 with the Defendant (hereinafter “instant support agreement”); and (c) paid settlement support payments in the position of SM and Banddoer (hereinafter “BM”); and (d) paid performance reporters to the Defendant based on quarterly achievements; and (e) recovered 50% of the subsidies if the Defendant withdraws within 24 months from the scope of support.

B. Under the instant support agreement, the Defendant received 16,020,000 settlement support payments from the Plaintiff around August 2014, 2014, respectively, for settlement support payments of KRW 16,645,00,00, and for settlement support payments of KRW 7,000 around September 2014.

C. On October 6, 2014, the Plaintiff commissioned the Defendant as the BM in the branch of the Plaintiff’s C branch, and entered into a contract with the Defendant to entrust the work, such as the affiliated Fincian Plucian Pn (hereinafter “FP”), SM’s education and training, and the brokerage, maintenance, and management of the conclusion of an insurance contract.

Under the instant support agreement, the Defendant received, respectively, the settlement subsidy of KRW 9,84,00 from the Plaintiff on October 2014, KRW 9,612,00, KRW 5,000, KRW 5,000, KRW 9,996,000, KRW 10,557,000, KRW 5,000, and KRW 5,000,000, around February 2015, around March 2015, and KRW 5,00,00, KRW 5,00,00, and KRW 5,00,000, around March 2015.

E. 7 out of eight insurance contracts recruited by the Defendant from May 2014 to July 2015, 2015, seven became null and void from September 2015, and the remainder of one insurance contract became null and void on December 2015.

On April 8, 2016, the Plaintiff notified the Defendant of his dismissal and dismissal as of April 29, 2016 on the ground of non-compliance with the entrusted duties due to his/her neglect of duties, non-compliance with the contract for recruitment (Maintenance of Non-compliance with the contract for recruitment).

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, 4, 5, 7, Gap evidence 14-1, 2, 3, 4, and 15-2, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant.

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