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(영문) 울산지방법원 2020.01.22 2018나24691

수수료반환

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of insurance agency business.

On October 12, 2015, the Plaintiff entered into a contract for the commission of insurance solicitors (hereinafter “instant commission contract”) with the Defendant.

The main provisions concerning the payment and return of fees under the commission contract of this case are as follows.

Article 6 (Payment of Fees)

1. A company (referring to the plaintiff; hereinafter the same shall apply) shall pay the fees of a designer (referring to the defendant; hereinafter the same shall apply) in accordance with the standards for the payment of fees within the business regulations determined by the company, and shall make the details thereof available for the designer on a regular basis at the internal computer network;

4. The Company shall pay fees in advance only to a designer who satisfies the criteria for the advance payment in accordance with the criteria for the payment of fees and who provides a security.

Article 7 (Refund, etc. of Fees)

1. Where an insurance contract solicited by the designer has been returned to the contractor due to the invalidity, cancellation, cancellation, etc. of the contract under the terms and conditions of the product and Acts, the company shall not pay any fees related to the contract in accordance with the criteria for the payment of fees, and the designer shall refund the fees already paid to the company after the insurance

2.In addition to paragraph 1, where fees to be incurred in the future are paid in advance on condition that an insurance contract may continue to be effective, the designer shall return to the company the advance payment for the portion not maintained and managed.

3. If the designer terminates or is dismissed under this contract within a period after he/she received a separate subsidy from the company, in addition to paragraphs (1) and (2), he/she shall refund the penalty specified by the company to the company.

4.Paragraph 1 to 3 above shall continue to exist even after the termination of this contract, and other detailed procedures, methods, etc. shall follow the fee payment criteria.

B. At the time of the instant commission contract, the Defendant submitted to the Plaintiff.