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(영문) 부산지방법원 2017.04.27 2016가단36252
약정금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 33,649,660 as well as 20% per annum from July 1, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that sells land, etc.

In 2015, the defendant was employed as an employee in charge of consignment sale of the plaintiff.

(B) The Defendant retired on February 2016 when there was a dispute between the Plaintiff and the purchaser of the land, including B, as follows.

On March 20, 2015, the Plaintiff entered into a contract with the Defendant with the main content of entrusting the Defendant with the sale of real estate products and paying sales commission, sales activity support, etc. in return (hereinafter “instant contract”).

The main contents thereof are as follows:

(The letters in the overall title of Article 7 (2) are written by the Defendant in writing). [The contents of the contract of this case (explication)] Article 4 (Sales Fee, Sales Activity Support Expenses and Withholding Tax) ① “A (referring to the Plaintiff; hereinafter the same shall apply)” shall be immediately paid in accordance with internal regulations under the name of “sales commission”, “compensation”, “ordinary expenses”, “general expenses”, etc. at the time when the balance payment is completed among the proceeds of the goods sold by the Party B (referring to the Defendant;

Provided, That where there is a separate agreement, it shall be followed.

(2) "Support money for sales activities" shall be paid in accordance with the company regulations.

(4) Where a contract is terminated or dismissed, subsidies for sales activities shall be paid according to the expenses for the actual number of business days, and the payment date shall be paid on the 20th of the relevant month after two months.

(Provided, That the employees of not more than 7 days are not calculated on a daily basis, and there is no payment of all the fees) Article 7 (Indemnification) (1) where damages are incurred due to the intention or negligence of Eul, Eul shall be liable to compensate for damages.

(2) If the cancellation or cancellation of a contract occurs after the receipt of a sales allowance by Eul, the sales fee which Eul received (sales commission) shall be refunded to Gap within seven days from the date of occurrence of the cause.

Provided, That where no return is made within seven days, overdue interest of 20% shall be borne.

(hereinafter referred to as “instant return clause”). C.

The Plaintiff is the Jeju.

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