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(영문) 대전지방법원 2018.12.20 2017가단28211
임금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 6, 2015, the Plaintiff and Defendant Hyundai Card Hyundai Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded a contract on the consignment of subscription for credit card membership (hereinafter “instant consignment contract”) and the said consignment contract contains the following details.

Article 6 (Payment of Recruitment Fees) (1) “A” (hereinafter referred to as “Defendant Company”) shall pay to “B” (hereinafter referred to as “Plaintiff”) fees pursuant to the standard table for the payment of solicitation fees.

(3) When the contract of “B” is terminated, the usage sector, support sector, and other fees shall not be paid, except for the issuing fees, and detailed matters related to the outsourcing fees shall be governed by the standard table for the payment of solicitation fees of “A”.

Article 8 (Matters to be Observed) (1) "B" shall comply with the relevant Acts and subordinate statutes and the provisions of "A" in vicariously performing the duties of inviting members of "A".

(4) "B" shall verify the applicant's status and have him/her write his/her name in writing after recording, and shall not prepare an application on behalf of the applicant by telephone or other means.

Article 13 (Termination and Effect of Contract) (1) "A" may terminate this contract immediately, regardless of the contract term, where any of the following causes arises to "B":

1. Where matters to be observed under Articles 8 and 9 are violated, or where the contents of this contract are violated;

B. According to the “Standards Table for Payment of Recruitment Fees” of the Defendant Company, where the user fee for credit card holders is at least 200,000 won, 20,000 won (a person engaged in economic activities by a member) or 10,000 won (a member’s constructive income earner) shall be paid, and the above allowances shall be paid three times for four months including the month of issuance, and the above allowances shall not be paid to the recruiter who terminated before the end of the month.

C. On or around December 2015 and January 2016, the Plaintiff did not verify the identity, etc. of Defendant B, face-to-face.

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