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(영문) 서울중앙지방법원 2015.05.19 2014가단46851

보수금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 59,53,628 as well as 20% per annum from January 24, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On July 1, 2012, the Defendant entered into a commissioning contract with the Plaintiff (Lief Poper, LP) under which the Defendant was entrusted with the affairs of mediating the conclusion of an insurance contract, maintaining and managing insurance contracts, etc., and received fees from the Plaintiff (hereinafter “instant commissioning contract”) and was dismissed on April 30, 2013 when performing duties as an insurance solicitor.

B. As to the insurance contract that was concluded by the Plaintiff as a broker by the Defendant, the Defendant was paid the remuneration (settlement support, settlement support, expansion of productivity and maintenance rate, contract maintenance and service, increase of contract maintenance and service, stabilization allowances, and emulsion) calculated in accordance with the “LP Remuneration Standard” (hereinafter “the instant remuneration standard”). Of these, some of them were reserved as a reserve (AC).

According to the instant remuneration standards, where an insurance contract concluded as a broker by the Defendant is invalidated due to termination, etc., settlement support payments, expansion of the first year, productivity and maintenance rate, and Mentling shall be returned to the Plaintiff (Article 14; hereinafter “compensation Regulations”).

C. The Defendant’s remuneration to be returned to the Plaintiff under the provision on the redemption of remuneration is KRW 348,325,318. Meanwhile, the reserve funds accumulated for the future payment of the Plaintiff’s remuneration to the Defendant is KRW 129,533,628.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant is the plaintiff at the 348,325,318 won of the remuneration for which the cause of refund occurred, and the remaining KRW 59,533,628 of the amount calculated by deducting the amount of KRW 218,791,690 of the reserve and KRW 70 million of the insurance money, as the plaintiff is the plaintiff.