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(영문) 서울중앙지방법원 2017.04.19 2016가합26179
부당이득금
Text

1. As to KRW 288,349,365 among the Plaintiff and KRW 129,310,731 among the Plaintiff, the Defendant shall start on May 31, 2016, and the remainder 159,038.

Reasons

1. Basic facts

A. The Plaintiff is a company established on June 10, 2009 for the purpose of insurance agency business, etc.

Article 3 (Entrusted Services) The actual affairs of the Association refers to the Plaintiff of the Company.

(A) The following duties (hereinafter referred to as "entrusted duties") shall be entrusted to the branch office, and the branch office shall faithfully perform the entrusted duties by the company in compliance with the relevant Acts and subordinate statutes, the company's policies, internal rules, guidelines, and the principles of good faith:

1. Management and administration of branch offices;

2. Brokerage of conclusion of an insurance contract, (ex post facto)

7. The actual provisions of Article 8 (Joint Liability) (1) The head of a branch office and an administrator/operator of a branch office shall be liable to pay in collaboration with the branch office, if he/she intentionally or negligently causes damage to the company or other person, while performing his/her duties.

(2) Where any business operator of a company or branch office causes insolvency by exercising his/her influence over management of the company or branch office, he/she shall be jointly and severally liable with the company for obligations of the company or branch office.

Article 13 (Standards for Payment of Fees) (1) Any company shall pay fees directly to insurance solicitors commissioned to the company as of the end of the period for calculating the performance of insurance solicitors, as prescribed by the relevant regulations of the company.

(3) Where any ground for return arises, such as termination of an insurance contract, with respect to various fees paid to insurance solicitors, the branch office shall perform its duty of returning fees, and shall take the responsibility for final return of the unpaid fees.

(6) Where a branch office refunds all or part of insurance premiums to a contractor due to an amendment, invalidation, termination, etc. of the terms and conditions of an insurance contract, it shall immediately refund to the company an amount equivalent to fees paid for the relevant contract, and where the contract has not been maintained due to the invalidation, invalidation, etc., it shall immediately return the amount equivalent to fees to the company

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