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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. The Plaintiff’s assertion and the Defendant together worked for C Co., Ltd. (hereinafter “Nonindicted Company”) as the head of the team. The Defendant, from January 2016 to D Hospital located in Busan East (hereinafter “instant hospital”) and resided in the hospital located in Busan East (hereinafter “instant hospital”) and had the patients, etc. of the instant hospital carry on the insurance business of the Nonparty Company.
As such, according to the agreement between E, the Plaintiff, and the Defendant, the head of the non-party company, as the head of the headquarters of the non-party company, the Plaintiff provided the Defendant with a total of KRW 725,311 (hereinafter “instant subsidy”) in total of KRW 31,949 on March 28, 2016, and KRW 393,362 on May 3, 2016. On May 5, 2016, the Plaintiff paid KRW 1,000,000 (hereinafter “the instant substitute payment”). However, on or around May 2016, the Defendant terminated the agreement by selling the insurance products to the patients, etc. of the instant hospital, and thus, the Defendant was obligated to pay the Plaintiff the instant subsidy and delayed payment of KRW 1,725,3125,175,170 on the instant subsidy and delayed payment of KRW 305,170 on the instant subsidy (hereinafter “the instant substitute payment”).
A. According to the reasoning of the judgment on the claim for the instant subsidy, the Plaintiff transferred KRW 31,949, and KRW 393,362 on March 28, 2016 to the Defendant’s bank account in the name of the Defendant, respectively. However, the following circumstances recognized as a whole taking into account the entries in subparagraph 1, the first instance court’s inquiry into the non-party company on June 23, 2017, and the entire purport of the oral argument, namely, ① the non-party company paid fees for business performance of the new employee to the employee introduced when the employee introduced the new employee; ② the Defendant joined the non-party company with the introduction of the non-party company, the head of the headquarters of the non-party company, and the Defendant shall support the Defendant as the replacement of the instant hospital.