(영문) 서울중앙지방법원 2015.01.30 2014나41055

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.01.30 2014나41055

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant is a performance guarantee insurance contract with the Plaintiff on August 18, 2009 (hereinafter “first guarantee insurance contract”) with the content of the commission contract and termination 1 between the Defendant and the Intervenor ABN Life Insurance Co., Ltd.)

(2) On September 1, 2009, the Defendant entered into a contract for commission (hereinafter “first commission contract”) between the Intervenor and the ASEAN Life Insurance Co., Ltd. (hereinafter “ Intervenor”), and submitted a guarantee issued by the Plaintiff in accordance with the first guarantee insurance contract.

3) Of the commission contracts prepared under the first commission agreement, the part concerning the payment and restitution of commission (hereinafter “company”) refers to the part concerning the Intervenor’s bio-resources.

(2) at the time of conclusion of a commissioning Agreement, the Company shall fully explain to the FC the standards for the payment of the fee under paragraph 1 of this Article and obtain the consent of the FC. 4) above guidelines for the payment of the fee shall be set forth as follows:

The company's guidelines for the payment of O fees are the pre-payment guidelines, under the premise that the insurance premium for the two-year period of the insurance contract entered into by FC is paid normally, and if the insurance premium is not paid continuously due to the invalidation, cancellation, or termination, the company shall recover the amount of the pre-payment for the two-year period of the pre-payment fees.

O In accordance with the guidelines for the payment of fees, the amount shall be subtracted from the standard amount of the revenue stabilization fee from 13 months to 100,000 won of the initial settlement fee received by the new FC in the month of commission.

If a person who has received the relevant fee before the commission 13 months is dismissed, the following month shall be the dismissed.

유사 판례

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-서울중앙지방법원 2019.05.09 2018가단19055

-서울중앙지방법원 2016.02.04 2014가합569795