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(영문) 울산지방법원 2020.06.04 2019나340
선급금 등
Text

1. Of the judgment of the first instance, the part on the principal lawsuit, including the claim of the Plaintiff (Counterclaim Defendant) expanded by this court.

Reasons

1. In the first instance court’s judgment, the Plaintiff claimed a counterclaim seeking payment of KRW 4,595,170, which deducts KRW 3,151,700 from the amount of redemption fees of KRW 7,746,870, and KRW 10,000 from the amount of redemption fees of KRW 7,746,870, and KRW 4,595,170 from the amount of redemption refund of December 2015, and KRW 14,941,970 (including the amount of overdue wages and allowances of KRW 14,941,970 from the amount of redemption fees of the first instance court’s claim and KRW 5,80,970 from the amount of redemption fees of the second instance court’s claim, and dismissed the remainder of the main claim and the counterclaim.

In this regard, only the plaintiff filed an appeal on the part against each plaintiff among the principal claim and the counterclaim claim, but extended the amount of the claim for the restitution fee from KRW 4,595,170 to KRW 7,746,870, and withdrawn the appeal on the remaining part against the plaintiff.

Therefore, it is judged that only the part of the main claim seeking the payment of the restitution fee is subject to the judgment of this court.

2. Facts of recognition;

A. From April 10, 2015 to January 2016, the Defendant served as an insurance solicitor belonging to the Plaintiff.

B. The Plaintiff paid the Defendant fees for the insurance contract designed by the Defendant during the above period.

C. However, 18 of the above insurance contracts designed by the Defendant between December 2015 and June 2016, which became effective upon termination, etc.

C. Meanwhile, the Plaintiff and the Defendant agreed to refund the fees that the Defendant received in advance to the Plaintiff where the Defendant’s design insurance contract expires, and the fees that the Defendant ought to return to the Plaintiff due to the invalidation of the said 18 insurance contract are total of KRW 7,746,870.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 10, purport of the whole pleadings

3. According to the above facts of determination, the Defendant’s restitution fees of KRW 7,746,870 and the Plaintiff’s reimbursement fees of KRW 4,595, among them from December 22, 2016, as claimed by the Plaintiff, pursuant to the above return agreement.

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