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(영문) 울산지방법원 2020.07.23 2019나1121
임금등
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 2, 2017, the Plaintiff entered into a commission contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the condition that the Plaintiff would serve as an insurance solicitor of Defendant B (hereinafter “instant contract”). From around that time to July 2017, the Plaintiff served as an insurance solicitor at the Ulsan point in Defendant B from that time.

B. The Plaintiff received each payment of KRW 1,537,50 in May 2017, and KRW 891,475 in June, and KRW 288,560 in July, during the period of the above service from Defendant B.

C. On June 21, 2017, the Plaintiff purchased solar PC (gallon A) from Defendant C Co., Ltd. (hereinafter “Defendant C”) and paid KRW 332,875 at the cost of installing the device from July 2017 to April 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 8, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Defendant B, upon entering into the instant contract with the Plaintiff, agreed to pay settlement allowances of KRW 2,00,000 per month, irrespective of the contractual performance, if the Plaintiff passed the insurance solicitor examination after completing the instant basic education. However, Defendant B paid only KRW 2,717,535 out of the three-month salary of KRW 6,00,00,000, to the Plaintiff.

In addition, on June 21, 2017, Defendant B forced the Plaintiff to purchase the Bable PC from Defendant C, and caused the Plaintiff to purchase the Bable PC from Defendant C and pay the unit installment and communication fee. The Defendant C, knowing such circumstances, she provided the Defendant B’s act.

The Defendants’ strong purchase constitutes a tort against the Plaintiff. The Defendants are jointly and severally liable to pay the unpaid benefits to the Plaintiff and compensate the Plaintiff for damages equivalent to the fixed price of the pblep terminal and the communications fee paid so far.

B. In full view of the purport of the entire pleadings in the statements No. 8, No. 1, No. 2, and No. 1, and No. 2, Defendant B shall be an insurance solicitor.

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