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(영문) 서울중앙지방법원 2018.10.11 2017가합574101
임금
Text

1. The defendant,

A. As to KRW 21,603,334 and KRW 4,140,107 among them, the Plaintiff shall be fully repaid from January 24, 2018.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a stock company with the business purpose of mediating and selling financial products. 2) The Plaintiff A, C, and E concluded an employment contract with the Defendant and were workers engaged in attracting investment funds. The Plaintiff A and C retired from the Defendant on August 31, 2017.

Plaintiff

B and D entered into a commission contract with the defendant and performed the duties of attracting investment funds.

B. The Defendant unpaid wages to Plaintiff A and C did not pay Plaintiff A wages of KRW 9 million in total each month from March 2017 to August 2017; and KRW 2 million each month from March 2017 to August 2017 to Plaintiff C, respectively.

C. Of the Defendant’s business regulations concerning performance fees, the part related to this case’s business regulations are as follows. The Defendant’s business regulations concerning performance fees have been applied not only to those who concluded a contract with the Defendant and performed the duty of attracting investment funds but also to those who concluded an employment contract with the Defendant and performed the duty of attracting investment funds.

Part I (Commissioning) Members of the business organization of a company referred to in Article 1 (Commissioning) refers to persons who have entered into a commissioning contract with the company as an independent business entity, and the commissioning contract shall be valid from the time of completion of the primary education for new students after submitting required documents according to the commissioning process of the company and passing an interview based on them.

Part III Fees Article 1 (Classification and Payment Date of Fees) The fees to be paid to a business organization shall be classified into new contract fees, management fees, cubing fees, performance receipt fees, etc. and paid. 2) The fees shall be calculated and paid on a weekly basis, and the amount deposited in the corporate account on a weekly basis shall be paid on every weekly basis in accordance with the following fee rates:

(Provided, That if there is a shortage, etc. in the amount of partnership, the date of payment may be delayed according to the circumstances).

A performance fee for the plaintiffs who suffered performance fees is a performance fee.

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