환수금
1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.
The defendant.
1. Facts of recognition;
A. On June 5, 2013, the Defendant entered into a contract for commission of the Plaintiff and life insurance solicitors (FP), and entered into a delegation contract (SM) with the intermediate manager (hereinafter collectively referred to as “instant contract”) around November 2013, and performed activities as an insurance solicitor and intermediary manager, and terminated the instant contract with the Plaintiff on February 24, 2014.
B. Of the content of the instant contract, the part pertaining to the instant case is as follows.
Article 6 (Payment, etc. of Commissions) (1) A company shall pay the fees of an insurance solicitor within the fixed date pursuant to the "Standards for Payment of Fees within the Business Rules" set by the company.
Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by an insurance solicitor fails to be cancelled due to cancellation of an application, or its validity terminates due to invalidation, invalidation, cancellation (including violation of obligation to deliver a standardized contract and a duplicate of an application, violation of obligation to explain terms and conditions, violation of obligation of the contractor and the insured, omission in signature or seal of the insured, etc.) or termination, etc., the company shall not pay fees, and the insurance solicitor shall promptly refund the full
(2) If a company fails to refund a fee to the company even though a ground for the refund of the fee has occurred, the company may request the guarantee insurance company to pay the fee.
(3) Where there remains any balance to be returned even after a company receives the guaranteed insurance benefit, an insurance solicitor shall also pay the relevant amount to the company.
(4) The standards for the payment of fees shall apply to other detailed matters concerning the refund of fees.
(5) The details of the refund of fees shall remain effective even after the contract for commission with the company is terminated.
Article 10 (Prohibition of Unfair Acts against Insurance Solicitors) Company shall not conduct any of the following unfair acts against insurance solicitors: