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(영문) 부산지방법원 2020.12.16 2019나52317
수수료 등
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

In the judgment of this court, the plaintiff filed a claim against the defendant for the payment of maintenance fees after December 8, 2017, which was retired from the court of first instance, and the court of first instance dismissed the part of the claim for payment of maintenance fees until one year after retirement ( December 8, 2018), and partly accepted the part of the claim for payment of maintenance fees after December 8, 2018.

(As seen below, the maintenance fees at the time of retirement shall be calculated and paid on a yearly basis. Accordingly, the Plaintiff appealed against the rejection portion of the request for the payment of the maintenance fees until one year after retirement. As such, this Court’s judgment is limited to the claim for the payment of the maintenance fees until one year after retirement as above.

Facts of recognition

A. On September 26, 2016, the Plaintiff joined the Defendant as an insurance solicitor (hereinafter “FC”) and retired on December 8, 2017.

Article 2(FC’s Status) The FC as an independent business entity shall carry out the tasks entrusted by the Company under this Agreement.

The Company shall appoint the above FC as an insurance solicitor of the Company B under this Agreement.

Article 4 (Duties of Commission) ① Sales brokerage of companies and companies affiliated with such companies ② Other affairs entrusted by the company / [Duties of the company] Article 5 / [Duties of the company] Company shall pay to the FC the prescribed fees in accordance with the regulations of the company in return for performing commissioned affairs.

Article 6 (FC Matters to be Observed) The FC shall faithfully perform the following matters:

(10) No one shall interfere with the business of a company by unfairly inducing human resources in a commissioning relationship or employment relationship with the company to another (insurance) company.

Article 10 [Application and Amendment of Provisions] ① FC recognizes that at the time of the conclusion of this Agreement, the FC is fully aware of all the regulations, policies, etc. of the Company, including its business regulations, and that such regulations and policies are part of this Agreement and are responsible for complying with them.

(2)

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