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(영문) 서울중앙지방법원 2015.04.03 2015가합1494
수수료환수
Text

1. The Defendant shall pay to the Plaintiff KRW 146,642,047 and the interest rate of KRW 20% per annum from February 14, 2015 to the day of full payment.

Reasons

1. Indication of claim;

A. On November 9, 2007, the Plaintiff entered into a commissioning contract with the Defendant as an insurance solicitor of the Plaintiff. On August 1, 2008, the said commissioning contract was terminated.

The defendant's commissioned date stated in the application for the payment order dated September 26, 2014 shall be corrected ex officio by considering the statement of Gap evidence 1 in light of the statement of Gap evidence 1, and the dismissal date shall be reduced and recognized according to the statement of Gap evidence 2.

B. The Plaintiff paid fees to the Defendant in accordance with the insurance business guidelines for the insurance contracts recruited by the Defendant. According to the above “Commission payment criteria”, the Plaintiff stipulates that the insurance solicitor shall return the fees, etc. received to the Plaintiff in the event of the cancellation of the insurance contract, return, quality guarantee, termination, invalidation, termination, termination of substitute contracts, exchange of goods, failure to maintain (effective, harmful effects, etc.) within 12 times, early payment early termination of the contract, modification of the contract, and cancellation of the deposit.

C. The grounds for restitution set forth in the above fee payment standard, such as cancellation and invalidation of part of the insurance contract recruited by the Defendant were generated.

Therefore, the Defendant is obliged to refund the fee that the Plaintiff received from the Plaintiff according to the above payment criteria.

Therefore, the defendant is obliged to pay to the plaintiff fees of KRW 146,642,047 and delay damages therefor.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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