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(영문) 서울중앙지방법원 2015.02.12 2014가단97644
수수료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a mutual aid company, and the Plaintiff entered into a branch contract with the Defendant (hereinafter “instant branch contract”) on November 14, 2013, and was engaged in the business of recruiting regular members.

(B) Under the instant branch contract, the Plaintiff directly recruited full-time members or recruited full-time members as the head of the branch office, and had the business employees recruit full-time members and let them recruit full-time members (see, e.g., Supreme Court Decision 200Do327, Apr. 2, 200).

According to the instant branch contract, the Defendant is obligated to pay to the Plaintiff the management fees of KRW 40,000 per trade union member recruited by the Plaintiff.

C. After entering into the instant branch contract, the Plaintiff recruited 1,879 members directly or through the business employees of the Plaintiff, from March 31, 2014 to March 31, 2014.

(However, among the 1,879 shares, the old shares registered as a superior member is 1,711 shares). [The ground for recognition] of absence of dispute, entry in Gap 1 and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's summary of the plaintiff's assertion is liable to pay to the plaintiff the remaining 48,490,180 won after deducting the amount of KRW 19,949,820 paid by the defendant among the 1,711 unit (=1,711 unit x 40,000), which was collected by the plaintiff directly or through the business members belonging to the plaintiff, from the management fees for the 1,711 unit (i.e., 1,711 unit x 40,0

B. The Defendant’s summary of the assertion and the sales partner of the Plaintiff should refund the fees that the Plaintiff received from the Defendant in the event of the cancellation of a mutual aid contract recruited by the Plaintiff’s employees. As of September 27, 2014, 1,674 of the 1,879 old accounts recruited by the Plaintiff was revoked.

Therefore, the Plaintiff is obliged to pay the Defendant the management fees for the Gu unit (unprocessedd). It is not that the Defendant bears the obligation to pay the Plaintiff the management fees for the Gu unit.

3. The board;

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