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(영문) 서울중앙지방법원 2017.07.13 2016가단5193848
근저당권말소
Text

1. On May 8, 2012, the Defendant’s registration office of Seodaemun District Court in Seoul Western District Court with respect to the real estate stated in the attached Form to the Plaintiff.

Reasons

1. Basic facts

A. On March 29, 2012, the Plaintiff entered into an insurance solicitor agreement with the Defendant, and entered into a performance-based payment agreement (hereinafter “the performance-based payment agreement”) with the Defendant, and the Plaintiff entered into the performance-based payment agreement (hereinafter “instant agreement”).

B. The content of the instant agreement pertaining to the instant case is as follows.

O The Defendant’s payment of piece rates corresponding to Category A in accordance with “the performance-based payment agreement following the creation of Preigency” and the Defendant’s insurance planners of BM/SM are classified into branch offices (Brch Mager, BM) and business managers (SM, “SM”), and the Master Plterer and “MP” according to the class.

(hereinafter referred to as "MP") shall select one of the following matters in relation to guarantee of special piece rates:

1. (V) A surety insurance policy or collateral security of KRW 91,191,251, which is 50 per cent of special piece rates.

2. (A) Where guarantee for special piece rates is not available, 50% of the special piece rates shall be deemed to have been paid 2 years later;

In addition, one of the following is selected in relation to the guarantee of monthly piece rates.

1. (V) A surety insurance policy or collateral security shall be established in the amount of KRW 72 million,50 per cent of the total monthly piece-based bonus.

2. (A) If a guarantee for a total monthly performance rate is not available, the payment shall be deferred for 100 percent (100%) of the first year’s fees and management allowances for one year after commission and shall be paid in installments for 12 months following the first year.

O Article 7 (Reasons for Return of PieceS and Time of Occurrence)

1. The MP shall return the piece rates already paid to the company, if the time when the cause for the return of piece rates arises falls under the period set forth below the base date for return, and the base date for return shall be the date when this Agreement is concluded;

30% of the piece rate paid for the second year of the second year when the refund conditions amount is returned.

(c) B is a special bonus of KRW 182,382,501, monthly salary of KRW 12 million from the Defendant.

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