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(영문) 대구지방법원 2018.01.09 2015가단113511
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 12,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from January 30, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On September 2012, the Defendant became aware of the Plaintiff, who had worked in the interesting life, subscribed to the insurance, and thereafter worked in the interesting life for which the Plaintiff worked on or around December 2012.

B. Around June 2014, the Plaintiff offered that an insurance solicitor who had worked as the agent for Daegu branch office Co., Ltd. (hereinafter “C”) should leave the same job as the insurance solicitor, and the Defendant accepted the foregoing proposal and retired from the job with the Plaintiff.

C. On July 8, 2014, the Defendant decided to work for at least 24 months at the Daegu Branch, and to return the full amount of the subsidies to the Plaintiff when the Defendant is dismissed within the period, and received KRW 12,00,000 from the Plaintiff as the excellent activity expenses for career.

The defendant, while working in Daegu branch office, applied for dismissal on November 27, 2014 and retired from office to another company.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts finding as to the cause of claim, since the defendant has retired from office within the agreed period to another company, the defendant is obligated to return 12,000,000 won with excellent activity expenses that the defendant received from the plaintiff pursuant to the agreement, so the defendant is obligated to pay to the plaintiff 12,00,000 won with 20% per annum from January 30, 2015 to September 30, 2015, which is the day following the delivery date of the copy of the complaint of this case, as requested by the plaintiff, and damages for delay at the rate of 15% per annum from the next day to the day of full payment.

The Plaintiff sought payment of damages for delay calculated at the rate of 20% per annum from the day after the duplicate of the instant complaint was served to the day of complete payment. However, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was amended by Presidential Decree No. 26553, Sept. 25, 2015; and the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 15% per annum from October 1, 2015.

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