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(영문) 인천지방법원부천지원 2014.04.29 2013가단47202

보험금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 11,494,99 and its payment from October 8, 2013.

Reasons

1. Basic facts

A. The Plaintiff is an insurance agency that employs insurance solicitors on consignment from the insurance company to enter into an insurance contract with policy holders recruited by them, and receives fees from the insurance company in return, and the Defendant is a person who entered into an insurance solicitor commission contract with the Plaintiff and sold the insurance products around August 2007.

B. Around September 17, 2009, the Defendant recovered 100% of the fees already paid at the time of occurrence of the cause of invalidation of the contract, such as cancellation, termination, etc., among the insurance contracts solicited by the Defendant, and sought an explanation of the content that the Defendant shall be recovered at the time of occurrence of the cause of invalidation of the contract, such as cancellation, termination, reduction, contract modification, etc. within 12 times the monthly payment standard by applying the rate of recovery of once discrimination at the time of the occurrence of non-discrimination maintenance, and submitted an agreement to the insurance company.

C. On December 12, 2012, the Defendant filed an application for termination of the above commissioning contract with Samsung Life Insurance Co., Ltd. (hereinafter “Tsung Life”) and terminated the commissioning contract as of January 2, 2013.

The amount to be recovered to be returned by the defendant to insurance companies, such as Samsung Bio-resources because the defendant has not been maintained for more than 12 months during the commission contract period is the total of 11,494,99 won (10,868,739 won, interesting country fire 9,650 won, Hansung damage Insurance 39,146 won, Dongbu fire 217,464 won, and the above amount was paid to the above insurance companies prior to the filing of the lawsuit in this case.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the principal claim, since the Defendant paid the amount to be recovered to be returned to the insurance company on behalf of the Plaintiff, the Defendant, barring any special circumstance, has paid the amount to be recovered on November 1.