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(영문) 서울중앙지방법원 2018.08.31 2017나27340
수수료환수
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On November 10, 2009, the Defendant entered into a contract for the commission of insurance solicitors (hereinafter “instant contract”) with the Plaintiff, an insurance company engaging in life insurance business, etc., and received commission from the Plaintiff by August 1, 2010.

B. The contract of this case is to act as a broker for the conclusion of insurance contracts with respect to the plaintiff's insurance goods and to perform incidental business for the maintenance and management of the contract of possession and to receive fees from the plaintiff in return, and the contract contents related to the fees are as follows

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

(2) Where any ground for recovery provided for in the attached letter of agreement on the criteria for the payment of fees arises, a company may recover all or part of the fees already paid pursuant to the attached letter of agreement on the criteria for the payment of fees.

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

C. Of the “Annexed Agreement on the Criteria for Payment of Fees” under Article 6(2) of the instant contract, the part of the “Recovery of Fees” (hereinafter “instant provision on the Recovery of Fees”) is as follows.

【Recovery of fees for new contract 】 Full or partial restitution of fees for unpaid maintenance of insurance contracts with fees paid on the assumption of the maintenance and management of the contract for a certain period

1. Grounds for Recovery: Recovery of fees, cancellation of order, return, termination of quality guarantee, invalidation, replacement contract, 12.

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