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(영문) 서울중앙지방법원 2017.08.10 2016가단56609

수수료 환수금

Text

1. The Defendant’s KRW 22,312,160 as well as the Plaintiff’s annual rate from April 5, 2016 to August 10, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff, a corporate insurance agency under the Insurance Business Act, entered into a contract with the Plaintiff for the commission of insurance solicitors (hereinafter “instant contract”) on July 13, 2012, and up to January 22, 2014, entered into an insurance solicitation contract with the Plaintiff as a designer belonging to the Sejong branch of the Plaintiff. The relevant part of the instant contract is as follows.

Article 2 (Incorporation into Terms and Conditions of Contracts) Designers shall be subject to the Business Regulations, including guidelines for cancellation of registration, payment of fees, guidelines for recovery, etc. set forth in the Company, and the Business Regulations shall form part of this Agreement.

Article 7 (Insurance Solicitation Fees)

2. The Company shall fix the date on which the commission shall be paid to the designer and pay the fee within the fixed date.

4. A designer shall provide security above the standard prescribed by the company in order to receive fees prepaid by the company.

Article 8 (Advance Payment and Subscription to Guarantee Insurance)

1. Persons subject to advance payment: Formerly commissioned persons;

2. The limit of advance payment: The limit of advance payment shall be within the limit of subscription to performance guarantee insurance.

Article 9 (Regulations on Recovery of Fees) The same provision shall also apply to the recovery of fees under Article 24 of the Business Regulations.

2. In the event of advance payment due to the cancellation, cancellation, invalidation, liability compensation, etc. of a person who has been dismissed and the recovery of related fees, the person who has been dismissed shall calculate the fees incurred in accordance with the standards for recovery of alliance with the relevant facts, and shall notify the person who has been dismissed of the request for full

When the payment has been made within the due date, it may be recovered at the request of the surety insurance or the guarantor, and the company shall exercise the right to indemnity.

Article 13 (Prohibition of Unfair Conduct against Designer) A company shall not engage in any unfair conduct against Designer as provided for in the following subparagraphs:

6. Recovering all or part of the fees already paid to a designer without justifiable grounds;

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