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(영문) 서울중앙지방법원 2019.10.30 2019나7210

수수료 환수

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 15, 2017, the Plaintiff entered into a contract with the Defendant for commission of insurance solicitors (hereinafter “instant contract”).

From around that time, the defendant served as an insurance solicitor of the plaintiff and was dismissed on June 2017.

B. According to the instant contract, the Plaintiff shall pay the fees to the Defendant in accordance with the criteria for payment of various allowances separately determined by the Plaintiff in return for the conclusion of the insurance contract and the conduct of the business incidental thereto. If any ground arises, such as the invalidation, loss of effect, and termination of the insurance contract recruited by the Defendant

(Article 6(1) and (4) of the Agreement.

On the other hand, the Plaintiff paid 3,500,000 won (3,384,500 won when excluding taxes and public charges) to the Defendant as settlement subsidy on January 2017.

I have received full explanation from you about the criteria for the payment and recovery of fees in accordance with the criteria for the payment and collection of fees for the Independent Bureau, and I have agreed without any objection to the application of the criteria for the payment of fees.

On the other hand, in the case of a settlement allowance (settlement subsidy) received from the company in addition to the criteria for the payment of fees, I agree to recover the subsidized amount and do not raise any objection.

1. Where a person retires within 13 months from the base date of the commissioning month as at the 13th or the base date of the collection month, if he/she retires within 25th or less months from the amount of the subsidized allowance (the working conditions until the date of the payment of the 13th or less allowance), he/she shall recover the amount of the subsidized allowance from the base date of 50% (the working conditions until the date of the payment of the 25th or less allowance) on the 37th or less of the commission month as at the 37th or less (the working conditions until the date of the payment of the 37th or less allowance);

2. Items of support allowances to be recovered: - Persons commissioned 1 to 2 months.