beta
(영문) 서울중앙지방법원 2017.05.31 2016가단80435

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 112,731,183 and the interest rate of KRW 15% per annum from June 16, 2016 to the date of full payment.

Reasons

Basic Facts

The plaintiff establishes more than 380 branches nationwide and aims at the insurance agency business, etc., and the defendant is registered as an insurance solicitor of the plaintiff company B located in the Jeonju-si.

On July 19, 2012, the Plaintiff was entrusted by the Defendant with the duties of mediating the conclusion of the Plaintiff’s insurance contract (hereinafter “solicitation”), and the Plaintiff entered into an insurance solicitor commission contract (hereinafter “instant commission contract”) with the main contents that the Defendant shall pay a certain amount of fees to the Defendant, and Article 2(The title of the evidence No. 3-1 through No. 5, hereinafter “instant commission contract”) of the actual contents of the contract refers to the FP insurance solicitor (the title of the evidence No. 2 commission contract and the duty of care) (1) The FP refers to the Plaintiff as an independent business operator pursuant to this contract.

(A) The person shall fulfill his/her duty of due care as a good manager in performing the duties entrusted by him/her.

Article 3 (Entrustment Affairs) (1) A company shall entrust the following affairs (hereinafter referred to as "entrusted affairs") to an agency, and the FP shall faithfully perform entrusted affairs in accordance with the relevant Acts and subordinate statutes, company's policies, internal regulations and guidelines.

1. The brokerage of the conclusion of an insurance contract, (counter payment) the company shall pay to the FP fees calculated on the basis of the FP’s actual results, efficiency, and other results determined by the company in return for carrying out the entrusted duties of the FP.

Article 6 (Refund of Fees) (1) If an insurance contract solicited by the FP loses its effect after taking care of liability compensation, invalidation, cancellation, cancellation, cancellation, cancellation of order, or civil petition, the company shall be exempted from the obligation to pay all fees related to the insurance contract in question against the FP.

(2) After paying in advance all the fees for the insurance contracts solicited by the FP, the company shall be liable for the relevant insurance contracts based on the negligence, etc. of the FP, and shall be effective.