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(영문) 서울남부지방법원 2017.04.20 2016나52994
부당이득금
Text

1. The judgment of the first instance, including the Plaintiff’s claim changed in the trial, shall be modified as follows:

The defendant.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1, 2, 4 through 11, and Eul evidence 1 (including the serial numbers), unless there is a dispute between the parties, or in full view of the purport of the whole pleadings.

The plaintiff is an insurance company that is engaged in insurance business under the Insurance Business Act.

On December 14, 2012, the Defendant, as an insurance solicitor of the Plaintiff, entered into a commissioning contract (hereinafter “instant commissioning contract”) with the Plaintiff to perform duties such as brokerage of conclusion of insurance contracts, maintenance and management of insurance contracts, etc. as an insurance solicitor of the Plaintiff, and received commission fees from the Plaintiff (hereinafter “instant commissioning contract”) and performed the duties of soliciting insurance contracts, etc. by being entrusted by the Plaintiff as an insurance solicitor until March 16, 2015.

B. Article 6 of the instant commissioning Contract provides that the Plaintiff shall pay the fee to the Defendant within the fixed date in accordance with the “Standards for Payment of Fees for Within the Regulations on Insurance Business Regulations” (Paragraph 1). Accordingly, the PA channel fee provisions (Evidence 11 and the “instant fee provisions”) are stipulated, and the content thereof is as follows.

Article 4 (Definitions) (1)

1.DC means fees calculated on the basis of the results of the conclusion and maintenance of a new contract.

Article 6 (Standards for Calculation and Payment of DC) The calculation and payment criteria of DC shall be as follows:

5. Where a solicitation contract for cancellation, invalidation, cancellation, or cancellation of order is null, void, terminated, or cancelled (including cancellation of order), all fees, expenses, etc. related to DC, productivity releases, and DC paid in connection with the relevant contract shall be deducted or redeemed by reflecting such fees, expenses, etc.

The same applies even where the Agent is dismissed.

6. A non-maintenance contract company, such as invalidation and cancellation, is subject to not only a solicitation fee, but also a result of restitution, where the cause for restitution occurred due to a non-maintenance contract, such as invalidation and cancellation.

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