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(영문) 부산지방법원 동부지원 2017.02.08 2016가단201335
부당이득금
Text

1. The defendant shall pay 3,288,992 won to the plaintiff and 15% per annum from the day following the day this judgment is finalized to the day of complete payment.

Reasons

1. Basic facts

A. The defendant is an insurance agency established for the purpose of concluding insurance contracts on behalf of the defendant, and has a general branch office established under the contract with the defendant.

B. On March 26, 2014, the Plaintiff prepared an agreement with the representative D of the Cgeneral branch, one of the Defendant’s overall branch offices, as follows. Upon delegation from the Defendant, the Plaintiff was appointed as the head of the E branch consisting of insurance solicitors assisting the insurance solicitation business and managing the insurance commission, etc.

The general meeting of the Bank of Korea (representative: D) shall be "A", and the E branch (branch head: A) shall be "B", and the agreement shall be concluded with respect to the following matters:

1. “A” shall approve that “B” is registered as an I/A branch under the B-C General in March 26, 2014.

2. The term “A” refers to the terms of 93% payment under which operating contributions are deducted for the total fee of raw yarns (cashs) received from the General Office from 01 April 01, 2014 to 031 March 2015, 2015 to “B”.

C. On April 17, 2014, the Plaintiff concluded a contract with the Defendant for commission of insurance solicitors.

F on April 18, 2014, upon entering into a contract with the Defendant for commission of insurance solicitors, the relevant provisions of the instant case are as follows.

Article 20 (Financial Guarantee)

1. An insurance solicitor shall submit to the company a performance guarantee insurance policy of not less than a certain amount with respect to the advance payment obligation expected to occur in the future, simultaneously with the conclusion of a commissioning contract;

2. Where it is impossible to submit a performance guarantee insurance policy under the above paragraph (1) or the performance guarantee insurance money fails to meet a certain amount required by the company, a person who is a financial guarantee for the conditions determined by the company or a security shall be provided, and where necessary, a promissory note for security shall be issued and provided to the company

Article 29 (Recovery of Fees and Liability for Return)

1. Fees received by an insurance solicitor from a company;

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