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(영문) 서울서부지방법원 2017.06.01 2016나37796

환수수수료

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant’s KRW 17,567,937 as well as the Plaintiff’s January 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance agency company, and the Defendant was commissioned as an insurance solicitor (FC and Fincultant) belonging to the Plaintiff on July 2013, and performed the duties of mediating conclusion of insurance contracts, maintaining and managing insurance contracts, etc., and was dismissed on March 2014.

B. The Defendant, after going through an interview with C, the head of the Plaintiff’s branch office, had the Plaintiff work as an insurance solicitor belonging to the Plaintiff. At the time of the interview, C explained to the Defendant that, at the time of the interview, the Plaintiff’s payment, recovery system, and the necessity of purchasing guaranteed insurance policies to secure

C. Accordingly, at the time of commission, the Defendant concluded a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. with the terms of the Plaintiff, the insured period from July 1, 2013 to June 30, 2015, the insurance amount of KRW 20 million, the insurance company’s guarantee for repayment of fees, the payment guarantee for the content of the guarantee, and the FC agreement with the contents of the principal contract (from July 1, 2013 to June 30, 2014), and provided the Plaintiff with the guaranty insurance policy. However, the Defendant was discharged from office without preparing the “application for commission” or the “FC agreement” that C requested to prepare by issuing a form to the Defendant.

A part of the insurance contracts collected by the Defendant during work as an insurance solicitor belonging to the Plaintiff was terminated or terminated, and the sum of fees and policy expenses to be refunded in accordance with the Plaintiff’s fee refund rules and business policy guidelines regarding the insurance contracts is KRW 3,567,937 (i.e., reimbursement fees of KRW 2,594,209, KRW 973,728).

E. The Defendant received subsidies of KRW 1.5 million per month from the end of July 2013 to the end of January 2014, 2014, KRW 500,000 per month, KRW 5 million on September 30, 2013, and KRW 1.4 million in total. According to the Plaintiff’s provision on the payment of allowances, according to the Plaintiff’s provision on the payment of allowances, the new person registration allowances (class 700,00 to KRW 1.5 million), career-based preferential treatment allowances (class 700,000 to KRW 1.5 million).