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(영문) 서울중앙지방법원 2016.10.05 2016나25019

약정금

Text

1. The appeal by the counterclaim defendant is dismissed.

2. The costs of appeal shall be borne by the counterclaim Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On June 9, 2005, the Counterclaim Plaintiff entered into a contract with the Counterclaim Defendant to entrust the business of concluding an insurance contract with the Counterclaim Defendant (hereinafter “instant agency contract”), and the Counterclaim Defendant has operated the business of the Counterclaim Defendant’s agent from that time until July 2, 2013, which is the date of termination of the contract.

B. Article 16 of the instant agency contract provides that, with respect to the refund of fees, the agency (Counterclaim Defendant) shall refund the relevant agency fees already paid to the company (Counterclaim Plaintiff) if the agency fees are recovered due to the change, invalidation, termination, or cancellation of the terms and conditions of the relevant insurance contract dealing with the instant case, etc.

C. The Counterclaim Defendant concluded an insurance contract with customers on the date indicated in the column of the subscription in the column of the contract date that the Counterclaim Defendant recruited in accordance with the instant agency contract.

The above subscribers filed a civil petition with the Financial Supervisory Service or the Lessee’s civil petition department through the Financial Supervisory Service or the Lessee’s civil petition department on the grounds that even if the contract is terminated during the period of the insurance contract, on the grounds that the principal is guaranteed in full or that the non-taxable savings goods or installment savings are not insurance, etc. The Lessee examined this, and thereafter, the Lessee did not include some documents for the subscriber E, the subscriber C did not sign the subscription document with the documents attached thereto, and the remaining subscribers did not use the guide book without the approval of the Lessee, and accepted the request of the Lessee, processed all termination of the relevant insurance contract on the date specified in the date of termination of the attached Table, and refunded the total amount of the paid premiums to the Lessee.

E. The Plaintiff is related to the solicitation of insurance against the said insured.