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(영문) 서울동부지방법원 2015.08.19 2014가단46748

약정금

Text

1. The Defendant’s KRW 38,05,505 as well as the Plaintiff’s annual rate from August 23, 2014 to August 19, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an insurance agency representing the conclusion of an insurance contract for an insurance company, and the Defendant concluded an insurance solicitation contract with the Plaintiff on May 18, 201, and was working as the Plaintiff’s insurance solicitor from around that time to June 30, 2014.

B. Of the insurance solicitation contracts entered into between the Plaintiff and the Defendant, matters relating to the payment and restitution of fees are as follows.

Article 10 (Fees) (1) A company (the plaintiff, hereinafter the same shall apply) shall pay the fees of FC in accordance with the Company's Fee Enforcement Regulations (hereinafter referred to as the "Commission Regulations") with respect to insurance contracts solicited by FC (the defendant, hereinafter the same shall apply) and the fees regulations are amended by insurance companies or the Company's business policies, the amended provisions shall be applied, and no separate contract renewal shall be made

(2) Fees regulations determined by the company may be newly established, changed, or discarded by item in accordance with the business policies of the company or insurance company.

3. The FC shall refund the fees to the Company in accordance with the relevant regulations of the Company, if any cause, such as modification, invalidation, or cancellation, etc., of the terms and conditions of the insurance contract to which it deals,

This is the same even after the termination of the FC contract.

(4) If the FC has an amount to be paid to the company or if the company has to recover such amount from the FC, the company shall offset such amount from the fee and pay it, and if the FC's failure to perform its duties exists, the company may withhold the payment of the fee or pay it after offsetting it.

(5) Where the certainty of the maintenance rate and recovery of a specific insurance contract solicited by the FC is not guaranteed, a company may withhold the payment of a fee to the FC until the uncertainty is resolved.

6. If the maintenance ratio of the insurance contract solicited by the FC is less than 80%, a company may withhold the payment of a fee.

(7) When this subscription contract is terminated, the remaining fees shall be the subscription contract in accordance with the company fee regulations.