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(영문) 서울중앙지방법원 2017.08.09 2017가합541859

기타(금전)

Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 300,220,759 as well as the full payment from March 15, 2017.

Reasons

1. Facts of recognition;

A. A. Around February 2013, the Plaintiff entered into a life insurance company B (hereinafter “B”) and a life insurance company (hereinafter “instant contract”) with the main content that commission the conclusion of a life insurance contract, the receipt of the premium, etc., and the payment of fees for handling the entrusted duties (hereinafter “instant contract”).

At the time of conclusion of the instant contract, the Defendant signed and sealed the contract as the representative director B, and resigned on July 29, 2014.

Article 6 (Payment and Refund of Fees for Corporate Agent) (1) of the contract of this case (payment and Refund of Fees for Corporate Agent Agent) The plaintiff sufficiently explains the standards for the payment of fees for Corporate Agent Fee prescribed by the plaintiff for the performance of the entrusted duties

(4) Where all or part of the premiums received by the plaintiff to a policyholder due to the change, invalidation, termination, revocation, etc. of the insurance contract for solicitation B, all or part of the fees already received by the plaintiff shall be refunded to the plaintiff with respect to the relevant refunded premiums.

(7) Where any ground for recovery provided for in the "Agreement on the Standards for Payment of Fees" attached to the Plaintiff arises, the Plaintiff may recover all or part of the fees already paid pursuant to the "Agreement on the Standards for Payment of Fees".

Article 7 (Liability for Damages) (1) Any corporate agent shall compensate the company for any damage, regardless of the time of the occurrence of the damage and the termination of the contract, if any, to the company for bad faith.

(2) Where the agency exceeds the ability to compensate for damage B or the agency is liquidated, the entire amount of damage shall be jointly and severally compensated by the B and representative director

Fees and subsidiary agreements on the standards for redemption [Recovery of fees] fees for new contracts and fees for the linkage of maintenance and management of contracts shall be fees paid on the assumption of the maintenance and management of contracts for a certain period.