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(영문) 서울서부지방법원 2015.04.08 2014가합8646
환수금
Text

1. The Plaintiff:

A. Defendant A shall be 420,194,479 won and 20% per annum from December 3, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On December 10, 2010, the Plaintiff entered into a contract with Defendant A for commission of the FC (referring to FFF2ant and insurance solicitor) with respect to life insurance (hereinafter “instant commissioning contract”).

B. Of the instant commissioning Contracts, the agreement on the payment and restitution of allowances is as follows.

- A commission contract - (Insurance Solicitation Fees) - (1) A company (hereinafter referred to as the “company”) must explain to the designer the rules of the company related to the commission (as a provision on the constituent items, calculation method, specific payment method, etc. of the commission, specified in the main text of the commission contract or the accompanying documents; hereinafter referred to as “payment criteria”) sufficiently and obtain the consent of the designer at the time of concluding the commission contract.

(2) A company shall determine the payment date of fees to be paid to a designer and pay fees according to the payment standards within a fixed date.

(6) Where insurance premiums are not paid but are not maintained due to invalidation, cancellation, etc., a company shall recover the allowances paid at the time of a new contract for a period not exceeding two years, and where an invalidation contract occurs due to termination (including invalidation and cancellation), the company shall recover the full amount of the allowances paid at the time of the new contract.

- FC Allowance Payment Guidelines - (Recovery of Allowances) - Redemption of Recruitment Allowance - (Recovery of Allowances : 24 times as of the monthly payment basis and 24 times as to contracts invalidated or cancelled, the FC which received the relevant recruitment allowance and the standard amount of revenue stabilization allowance under the contract shall be recovered from the FC which received the relevant recruitment allowance in the following manner:

Amount to be recovered (m: Number of Months for Payment of Insurance Premiums) invalid and cancelled contracts (additional amount of standard amount of insurance premium collection allowance) x Article 9 (Order and Object of Refund) 1 (Recovery of Allowances) 8 (Recovery of Allowances) 1 and 2, the amount to be recovered shall be the monthly allowance.

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