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(영문) 서울동부지방법원 2015.12.18 2015나21440

수수료반환 청구의 소

Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

The Plaintiff

A. Defendant A shall be KRW 5,129,215 and this shall apply.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) concluded a contract for the commission of an insurance solicitor with the content that Defendant B is to act as the insurance solicitor of the Plaintiff and to receive a certain amount of commission from the Plaintiff according to the result of the insurance contract solicitation as the insurance solicitor of the said Defendants, on October 5, 2012, on April 5, 2010, on June 24, 201, on June 27, 201, on November 27, 201, on May 26, 2011, on May 26, 201, and on August 6, 2010, on each of the said Defendants as the insurance solicitor of the Plaintiff.

(2) According to the criteria for the payment of fees applicable to insurance solicitors under each of the above commissioning contracts, in cases where an insurance contract is terminated or the insurance contract is invalidated due to the cancellation, cancellation, or quality assurance, violation of duty to notify, and civil petition, and thus the Plaintiff returned the premium to the policyholder, the insurance solicitor shall return the fee received for the pertinent contract.

(3) From October 5, 2012 to January 28, 2013, Defendant B acted as the Plaintiff’s insurance solicitor. Defendant B’s fee to be refunded to the Plaintiff according to the above fee payment criteria is KRW 5,978,749.

(4) From June 24, 2011 to February 24, 2012, Defendant A served as the Plaintiff’s insurance solicitor. Defendant A’s fee to be refunded to the Plaintiff according to the above fee payment criteria is KRW 5,129,215.

(5) From November 27, 2012 to February 20, 2013, Defendant C acted as an insurance solicitor of the Plaintiff. Defendant C is KRW 5,718,530 of the fee to be refunded to the Plaintiff in accordance with the above fee payment criteria.

(6) From May 26, 2011 to January 25, 2012, Defendant E acted as an insurance solicitor of the Plaintiff. Defendant E is KRW 3,800,327 of the fee to be refunded to the Plaintiff in accordance with the above fee payment criteria.

(7) From August 6, 2010 to November 25, 2011, Defendant G acted as an insurance solicitor of the Plaintiff. Defendant G is KRW 4,610,056 of the fee to be refunded to the Plaintiff according to the said fee payment standard.

(8) Defendant H served as the Plaintiff’s insurance solicitor from April 5, 2010 to February 28, 2011, and was above.