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(영문) 서울남부지방법원 2018.06.05 2016가단206776

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 27,683,440 as well as 15% per annum from January 1, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On March 5, 2014, the Plaintiff is a company whose purpose is life insurance business, etc., and the Defendant, as an insurance solicitor of the Plaintiff, entered into an entrustment contract with the Plaintiff to perform the duties of mediating the conclusion of insurance contracts, maintaining and managing insurance contracts, etc., and receive fees from the Plaintiff (hereinafter “instant commission contract”), and performed the duties of soliciting insurance, etc., according to the terms of entrustment until the dismissal is made on March 5, 2015.

Article 4 (Definitions of Terms) (1) The definitions of terms used in this RGP shall be as follows:

1.DC means fees calculated on the basis of the results of the conclusion and maintenance of a new contract.

6. FYC means the amount multiplied by 12 once by FYC;

FYC refers to FYC that is deducted when a cause for failure to maintain an insurance contract arises, such as invalidation, termination, cancellation of an application, cancellation of an application, refund, cancellation, or cancellation within the 12-month period.

(b) Reinstatement FYC means the FYC of a rupture less than 12 months, which has occurred due to reinstatement;

7. The term “NYC” means the sum of FYC arising from the restoration of a party’s monthly recovery after deducting the FYC from the FYC any recovery arising from the failure to maintain the existing recruitment contract;

Article 6 (Standards for Calculation and Payment of DC) The standards for calculation and payment of DC shall be as follows:

5. Where a solicitation contract for cancellation, invalidation, cancellation, or cancellation of an order is null and void or cancelled (including cancellation of order), all the fees, expenses, etc. related to DC, productivity reporters, and DC paid in connection with the relevant contract shall be deducted or redeemed by reflecting such fees, expenses, etc.

The same applies even where the Agent is dismissed.

6. A non-maintenance contract company, such as invalidation and cancellation, has already been paid not only a recruitment fee, but also a prepaid fee to the promotion solicitor with respect to the result of restitution, for which the cause of restitution occurred due to a non-maintenance contract such as invalidation and cancellation;