beta
(영문) 서울중앙지방법원 2017.04.05 2016가단5128066

수수료반환청구

Text

1. The Defendant shall pay to the Plaintiff KRW 47,985,480 and the interest rate of KRW 15% per annum from June 16, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On July 25, 2014, the Defendant entered into an entrustment contract with the Plaintiff for the insurance solicitation business, and was commissioned as the Plaintiff’s insurance solicitor class as the “SMer” (hereinafter “SM”), and was dismissed on April 1, 2015.

B. Of the above consignment contract and the Plaintiff’s fee payment provision (hereinafter “instant fee provision”), the content related to the refund of fees is as follows.

[Article 6 (Payment, Recovery, etc. of Fees) of Entrustment Contract]

1. The Company shall pay fees to the consignee in accordance with the provisions on fees;

When concluding an entrustment contract, the company shall fully explain the standards for payment of fees to the consignee, and the standards for payment of the relevant fees shall be made always accessible through the internal computer network or separate guidance data.

5. A company may recover all or part of the fees already paid where a ground for recovery arises according to the standards for the payment of fees, and where a ground for the refund of fees set forth in the insurance business guidelines, such as termination (Invalidity of cancellation) of a insurance contract solicited by the principal and cancellation of an order, cancellation of an order, termination of an order, etc., the trustee shall refund the fees already

[Regulations on Fees of this case]

5. Fees for assistance in the replacement of SM;

(a) SM initial support fees - Persons eligible for application: SM - Criteria for payment 1,00 won (basic support) - 1 to 6 months for each person who is nurtured for lineal ascendants and descendants in the first two-time evaluation after delegation by SM x 300 won;

C. We, at the time of dismissal, recover the minimum amount of support (basic support) at the beginning of the 1st and the 12th month (basic support) - (the minimum amount guarantee (basic support) - the monthly cumulative support (basic support) at the time of his/her employment) < Amended by Presidential Decree No. 11835, Dec. 12 (basic support). < Amended by Presidential Decree No. 20110, Mar. 3, 201; Presidential Decree No. 20134, Feb. 2, 2011>