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(영문) 서울중앙지방법원 2016.10.28 2016나4487

수수료환수

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. Facts of recognition;

A. On June 5, 2009, the Defendant entered into a contract for commission of insurance solicitors with the Plaintiff running insurance business (hereinafter “instant contract”). By April 1, 2010, the Defendant engaged in the insurance solicitation business as the Plaintiff’s insurance solicitor. The details on the payment of fees stipulated in the instant contract are as follows.

Article 6 (Payment of Fees, etc.) (1) A company shall pay the fees of a designer within the fixed date in accordance with the "Standards for Payment of Fees within the Insurance Business Guidelines" (limited to "Standards for Payment of Fees of Chapter 1" in the Insurance Business Guidelines) set by the company.

(2) When entering into this contract, the company shall fully explain the standards for payment of fees under paragraph (1) to the designer and obtain his/her consent.

B. The relevant provisions of this case among the criteria for the payment of fees under the “insurance business guidelines” stipulated by the Plaintiff (hereinafter “the instant fee payment criteria”) are as follows.

【Non-Maintenance (including a special agreement) not more than 12 times】

1. New contract expansion and increase in productivity - The amount converted shall be calculated by applying the rate of recovery of non-consume to each contract, but the amount recovered shall be divided into the monthly fee payment and the monthly income stabilization account according to the rate of recovery of new contract achievements at the time of the new contract achievements - recovery shall be made, respectively, once every 6 times and once every 7 times every 12 times every 10 times every 10 times every 95% every 950 80 70 80 950 40 - 30 30 10 - The rate of recovery of contract management fees (7th installment payments) 8 times every 12 times every 10th 10 times every 17th 17th 17th 17th 17th 10th 10th 8th 10th 10th 8th 10th 17th 17th 30317th 317th 17th 17th 10

C. At the time of the instant contract, the Defendant entered the name of the principal in the “written confirmation of material facts for the payment of fees” (hereinafter referred to as the “written confirmation”) and signed it next to that.

1. The fee that speaks an insurance solicitor as the weak of the FCFincristant is divided into a new contract linkage fee and a maintenance contract linkage fee, and is called a new contract.