beta
(영문) 서울중앙지방법원 2016.06.03 2016나13535

수수료환수

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in the entry in Gap evidence Nos. 1, 3, and 8, together with the purport of the entire pleadings:

Around November 10, 2009, the Defendant entered into a contract for commission of the Plaintiff and the insurance solicitor (hereinafter “instant contract”) with the Defendant running an insurance business, and entered into the instant contract (hereinafter “instant contract”). On the commission of the Plaintiff from September 1, 2010, the Defendant performed the business of soliciting insurance, etc. upon commission of the Plaintiff.

Of the instant contracts, the details of fees paid between the Plaintiff and the Defendant are as follows.

Article 6 (Payment of Fees, etc.) (1) A company shall pay the fees of a designer within the fixed date in accordance with the "Standards for Payment of Fees within the Insurance Business Guidelines" (limited to "Standards for Payment of Fees of Chapter 1" in the Insurance Business Guidelines) set by the company.

(2) When entering into this contract, the company shall fully explain the standards for payment of fees under paragraph (1) to the designer and obtain his/her consent.

【GFC Fee Payment Criteria】

1. New contract expansion - Definition: 70-50% of the initial payment and revenue stabilization account (POL) at the time of the formation of a new contract - The initial payment shall be based on the initial payment at once and 60% of the calculated new contract expansion: 【10%p reduction and exemption at the rate of the initial payment at the time of the evaluation - the amount of the import stabilization account (including strategic expansion): 30-50% of the amount calculated for the new contract expansion (including the strategic expansion) at the time of the establishment of the new contract, shall be accumulated in the import stabilization account, and 7% of the revenue stabilization account (POL) at the time of the excess of the standard amount of the import stabilization for each GFC - The new settlement assistance fee (POL) shall be paid every month; and

1. Composition of a new settlement support fee: a settlement support fee, and a special settlement support fee which is an adviser-class/Excellent person;

2. Basic portion of settlement support fees - Persons eligible for support: GFC and persons excluded from re-commissions in the first or sixth months of commission - Criteria for support: The minimum amount of guarantee fees depending on their achievements in the current month shall be set and the amount of fees calculated in the current month shall be paid as the activity support fees if the minimum guarantee fees are less than the minimum

3. Fees for settlement support for the new person;