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(영문) 서울동부지방법원 2016.04.15 2015가단17808

채무부존재확인

Text

1. The Plaintiff’s obligation of returning KRW 1,064,223 to the Defendant’s insurance solicitor’s fees according to the commission contract.

Reasons

Basic Facts

The Plaintiff served as the Defendant’s insurance solicitor from July 10, 2014 to January 1, 2015.

According to the contract concluded on July 10, 2014 between the Plaintiff and the Defendant, where the effect of the insurance contract is terminated due to the failure to withdraw the insurance contract solicited by the Plaintiff due to the failure, invalidation, cancellation, cancellation, etc. of the application, the Defendant shall not pay fees, and the Plaintiff shall return all or part of the fees received by the Plaintiff as determined by the payment criteria of fees.

(Article 7(1). In particular, according to the main contents of the criteria for the payment of fees attached to an insurance solicitor commission agreement entered into on July 10, 2014 between the Plaintiff and the Defendant (the foregoing document is a summary of the approximate contents of the criteria for the payment of fees) the provisions on new contract fees are as follows:

(2) Section 4. Payment and redemption of the fees

1. The advance payment of the 1.1 new contract fees shall be made in advance in a lump sum on the condition that the premium shall be paid in at least 18 installments, and the advance payment shall be made in 7% at the time of the payment of the 15th insurance premium, excluding the advance payment, from the total amount of the new contract fees, at least 18 times in installments, at 9% at the time of the payment of the 15th insurance premium.

2.1 Where a contract for the recovery of fees for a new contract is not established due to the cancellation of an order, or the whole or part of the already paid premiums is refunded to a contractor, etc. for reasons such as invalidation, cancellation, or cancellation, the company shall recover the fees equivalent to the already paid premiums out of the fees already paid.

If the contract is terminated in advance, the company shall recover the advance payment fee for the unused portion.

The collection of fees shall be recovered by deducting the amount to be recovered from the fee to be paid in the month of the month of the order of recovery, and the amount to be recovered shall not be refunded notwithstanding the refund.