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(영문) 서울중앙지방법원 2020.09.23 2020가합537201
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 564,917,50 and the interest rate thereon from March 24, 2020 to the date of full payment.

Reasons

(2) Business affairs to be admitted. ① Article 6(Matters to be Observed)(1) of the Business Affairs Concerning the Brokerage and Maintenance of the Conclusion of Membership Agreements “B” shall be “to invite members” and “A shall pay “B” sales commission as provided for in this Agreement to its members who are admitted by solicitation.

(3) In principle, membership fees shall be withdrawn from a membership, and the term "B" shall have the recruited member's written signature on the confirmation of his/her intention of membership registration, application for membership registration, automatic transfer consent, etc.

Article 8 (Payment and Redemption of Sales Fees) (1) “A” shall be settled on the basis of the guidelines for withdrawal per unit of a mutual aid product operated by “B”.

(2) Criteria for the payment of allowances shall be as follows, and the method of payment shall be discussed separately:

The management fees (including VAT) maintenance fees (the first month) for total sales commission (the second month) 3,900,000 15,000,000 x260 x 300,000 x 300,000 x 5,000 x 20,000 x 400,000 x 20,000 x the last day of the month after the payment is verified on the 20th day to the 19th day of the previous month.

(3) Where a member contract (including delay) solicited for the business of "B" or its affiliated sales outlet is terminated, "B" shall refund the fee in accordance with the following guidelines, and shall not be exempt from the obligation to return the fee on the ground that the fee has been paid to the member's salesperson:

(Provided, however, that the amount of recovery shall be recovered not later than 24 times) - The amount of fees paid in advance (the first month recruitment fee) at the time of failure to maintain the membership agreement shall be recovered as much as the amount of fees paid in advance at the time of failure to maintain the agreement.

(Provided, That the terminated Member shall be recovered immediately before the 24th month, and the 3-month overdue member shall be recovered from the monthly fee immediately for the 3-month overdue member, and the amount of the 24-month overdue member shall be settled and re-paid at the end of the 24th after the end of the 24th month. Where the total maintaining ratio of the settlement member is less than 70%, the amount shall be recovered from the fee immediately per month).

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