beta
(영문) 의정부지방법원 2017.11.10 2016나62515

수수료환수등

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurance agency company.

B. In fact, the Defendant is an insurance solicitor belonging to the Lone Star Global (hereinafter “Lone Star Global”). The Lone Star Global entrusted the management of insurance solicitors, payment of fees, redemption, etc. to an independent insurance agency (hereinafter “GA”), and subsequently, entered into an entrustment contract with the Plaintiff and operated the business.

For the same reason, the Defendant entered into an entrustment contract with the Scar Financial Services from October 6, 2014 to April 21, 2015, and worked as an insurance solicitor belonging to Scar Financial Services. From April 24, 2015 to October 16, 2015, the Defendant entered into an entrustment contract with the Plaintiff and worked as an insurance solicitor belonging to the Plaintiff.

(hereinafter referred to as the “instant commissioning Contract”) C.

Article 29 of the instant commissioning Contract provides that where an insurance solicitor is invalidated, terminated, or terminated due to a failure to maintain an insurance contract solicited by him/her, the insurance solicitor shall promptly return the fees received from the company to the company.

(hereinafter referred to as “instant fee return agreement”). D.

From May 2015 to September 2015, the Plaintiff subscribed to a total of 28 insurance contracts, 10 of which was withdrawn by the policyholder, 4 of which was revoked, and 7 of which were effective.

In this case, the amount of the award collection resulting from this is KRW 311,22, KRW 186,902, and KRW 2,116,557, and KRW 2,116,557.

E. The Defendant asserted that, from September 2014 to August 2015, the Plaintiff was paid as settlement support, other than the Plaintiff’s Lone Star Global, Scar financial services, and fees prescribed by the Plaintiff. However, for convenience, this refers to “the money in the name of settlement support”.

- The following: