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(영문) 서울중앙지방법원 2014.12.11 2014가단189352
수수료환수
Text

1. The defendant is based on the ratio of KRW 62,458,097 to KRW 20% per annum from August 9, 2014 to the full payment.

Reasons

1. The fact of recognition;

A. The Plaintiff is a stock company running the life insurance business as its objective business, and the Defendant concluded a contract with the Plaintiff around September 9, 2009 for the commission of insurance solicitors and was engaged in the insurance solicitation business as an insurance solicitor by January 1, 201.

B. The Plaintiff has paid the amount of money, such as a new contract expansion, etc., with respect to the insurance that the Defendant recruited. According to the insurance business guidelines, such as the Plaintiff and the Defendant’s payment standard applicable to the insurance contracts, the Defendant is obliged to return the new contract expansion, etc., which the Defendant received from the Plaintiff in the event that the Defendant did not maintain the insurance contract due to the occurrence of the grounds for “cancellation/return, quality guarantee, termination, invalidation, termination, substitution of substitute contracts, exchange of goods, failure within

C. However, as to the insurance contracts recruited by the Defendant, the insurance contracts have not been maintained any longer due to the cancellation, new contract termination, termination, invalidation, etc., and accordingly, the Defendant’s fees to be refunded to the Plaintiff amounted to KRW 62,458,097.

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from August 9, 2014 to the date of full payment after serving the payment order of this case on the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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