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(영문) 인천지방법원 2016.05.19 2014가단48605 (1)

수당환수금

Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A. If the agency loses its validity due to the processing of liability compensation, etc., the agency shall promptly refund the agency fee for the period during which the agency loses its validity (hereinafter “the fee subject to refund”).

Where an agency fails to refund a fee subject to refund, the company may deduct the agency from the fees to be paid, the amount of other debts, the agency's business guarantee money, the performance guarantee bond for the repayment of fees, etc.

(3) Detailed matters concerning the refund of other fees shall be governed by the Act on the Criteria for Payment of Commissions separately determined by the Company.

B. On or around March 7, 2011, the Plaintiff and the Defendant paid commission fees, etc. (i.e., commission contracts and commission contracts between the Plaintiff and the Defendant for commission with the Defendant as follows (hereinafter “instant commission contracts”).

§ 1. We conclude commission contracts. Our member's registration (* in paragraphs 1 and 2 below) with respect to the applicable qualification.

A person shall be appointed.

1. The brokerage and conclusion of life insurance contracts as an agent for life insurance;

2. Brokerage and conclusion of insurance contracts by a registered company as solicitation employees;

(a) Performance of the maintenance insurance premiums received under the contracts of related companies determined by the company, and affairs incidental thereto;

(b)to pay to the related company immediately after the receipt of the premiums dealt with under the preceding paragraph with the prescribed receipts of the related company.

2. The company shall pay expenses and allowances required for the brokerage of conclusion of insurance contracts and the collection of premiums pursuant to the provisions of the company.

Provided, That where a commission contract is terminated, all expenses and allowances shall not be paid.

§ 3. If the above designer caused damage to the company in violation of this contract, he shall be liable to compensate immediately.

2) The Plaintiff’s insurance solicitors, including the Defendant, may use the FP Fee Payment Regulations (hereinafter referred to as the “FP Fees”).