beta
(영문) 인천지방법원 2016.04.21 2014가합8741

수당환수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. If the agency loses its effect after advance payment to the agency, such as liability compensation, the agency shall promptly refund the agency fees for the period during which the agency loses its effect (hereinafter referred to as “the fees subject to refund”).

Where an agency fails to refund a fee subject to refund, the company may deduct the agency from the fees to be paid, the amount of other debts, the agency's business guarantee money, the performance guarantee bond for the repayment of fees, etc.

(3) Detailed matters concerning the refund of other fees shall be governed by the Act on the Criteria for Payment of Commissions separately determined by the Company.

B. Around March 7, 2011, the Plaintiff entered into a commissioning contract with the Defendant to appoint the Defendant as an insurance solicitor (hereinafter “instant commissioning contract”) with the following content:

§ 1. Our member shall have jurisdiction over the registration of us (* in the following paragraphs 1 and 2).

1. The brokerage and conclusion of life insurance contracts as an agent for life insurance;

2. Brokerage and conclusion of insurance contracts by a registered company as solicitation employees;

(a) Performance of the maintenance insurance premiums received under the contracts of related companies determined by the company, and affairs incidental thereto;

(b)to pay to the related company immediately after the receipt of the premiums dealt with under the preceding paragraph with the prescribed receipts of the related company.

2. The company shall pay expenses and allowances required for the brokerage of conclusion of insurance contracts and the collection of premiums pursuant to the provisions of the company.

Provided, That where a commission contract is terminated, all expenses and allowances shall not be paid.

§ 3. If the above designer caused damage to the company in violation of this contract, he shall be liable to compensate immediately.

C. On the other hand, the Plaintiff’s insurance solicitors including the Defendant.