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(영문) 부산지방법원 2018.09.14 2018나44630
수당금반환
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) by aggregating the principal lawsuit and the counterclaim.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiff is a juristic person running the insurance business, and the defendant was an insurance solicitor of the plaintiff.

B. Around May 2010, the Plaintiff entered into a contract for the commission of a designer under the name of the Defendant and the Defendant’s living together, and on December 24, 2014, entered into a new contract for the commission of a designer under the name of the Defendant and the Defendant (hereinafter “instant commission contract”) with the Defendant, and the part related to the instant case among the contents of the above commission contract, the salary and the allowance rules (hereinafter “instant commission provision”) are as follows.

(4) Matters concerning the recovery of insurance solicitation allowances shall be as follows:

1. The cancellation, cancellation, invalidation, refusal to accept, breach of duty to notify, and termination of quality assurance offered by the designer shall be recovered in full of the fees already paid;

2. If the designer was paid in advance by the company the allowance to be incurred in the future on condition that the insurance contract is maintained for a certain period in the future and that the contract remains in force, but the condition is not fulfilled, the allowance paid in advance by the designer shall be recovered in proportion to the portion not fulfilled.

3. When the insurance contract is terminated and terminated and the contract is not maintained, all or part of the allowances already paid shall be recovered on the basis of the payment criteria of allowances;

4. When premiums are reduced following the revision of an insurance contract, a contract shall be deemed not maintained as the amount of reduction from the time of reduction;

Benefits and Allowances Regulations (Evidence A, 4, 7, 11)

VII. Welfare allowances;

1. Reserves for retirement allowances;

a. Object: Accumulation every month from the 13th month of registration;

c. Time of payment: Payment shall be made six months after the dismissal on the benefit day, provided that all payments shall not be made in the event of the transfer of another person.

Around August 2016, the Defendant retired from the Plaintiff’s company. The amount of redemption of allowances calculated in accordance with the commission contract and allowance rules of this case is KRW 11,008,560.

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