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(영문) 대구지방법원 2017.06.23 2015가단15389

수수료반환

Text

1. The Defendant’s KRW 23,502,620 as well as the Plaintiff’s annual 6% from May 25, 2015 to June 23, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that runs an insurance agency business upon concluding an entrustment contract with E Co., Ltd., and the Defendant is an insurance solicitor who entered into an entrustment contract with the Plaintiff from December 2, 2008 to July 2014 and performed the business of mediating the conclusion of an insurance contract and collecting premiums.

B. The main contents of the commission contract between the Plaintiff and the Defendant are as follows, and the Defendant prepared a pledge for the written order of insurance solicitation and a letter of confirmation of the material facts regarding the payment of fees.

Article 1 (Purpose) The purpose of the contract is to determine necessary matters in the performance of affairs delegated by an insurance solicitor registered in the company (Plaintiff) to the company, such as brokerage of conclusion of a contract for goods of life insurance companies and non-life insurance companies which have entered into a contract with the company, receipt of insurance premiums and affairs incidental thereto.

Article 7 (Fees) 1 The Company shall pay or recover allowances to an insurance solicitor as provided for in the commissioning Contract (Payment and Redemption of Allowances to Chapter 3). 2) The Company shall sufficiently explain to the insurance solicitor (payment and redemption of allowances) the essential contents of the commission contract within seven days after the conclusion of the initial commissioning Contract and receive from the insurance solicitor (verification of the important description of the payment of allowances).

3) An insurance solicitor shall return immediately upon occurrence of the cause for the refund of the already received amount in the event that a cause for the cancellation of the insurance contract solicited by the insurance solicitor has occurred, such as nullification, termination, quality guarantee, cancellation of the order, failure to maintain the opportunity for assistance (payment and recovery of allowances). The fees that the company pays to the insurance solicitor are as follows:

(1) The allowance for performance bonus (A) the bonus for contract management (b) the bonus for performance bonus (c) the bonus for contract management; (b) the bonus for activity encouragement allowance b) the scholarship allowance 2) the scholarship allowance 2 shall be based on the settlement records of life insurance adjusted by adding weight to the conversion records for life insurance products and insurance companies.