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(영문) 서울중앙지방법원 2018.04.13 2017나4712
구상금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1,579,230 and KRW 909,79 among them.

Reasons

1. Basic facts

A. The Defendant completed the PAC curriculum for four weeks from October 1, 2014 to October 30 of the same month as the pre-commissioned education, and entered into a contract for appointment of the Intervenor and the insurance solicitor (hereinafter “instant commission contract”) around November 5, 2014, for the purpose of engaging in activities as an insurance solicitor belonging to the Plaintiff’s Intervenor (the Plaintiff’s mutual known sports and life insurance company before the modification; hereinafter “ Intervenor”).

Around October 23, 2014, before entering into a commissioning Agreement, the Defendant: (a) prepared a written confirmation of reimbursement of PA fees; (b) written confirmation of education fees; and (c) issued it to the intervenors.

B. On November 2, 2014, the Defendant concluded two performance guarantee insurance contracts (payment) with the Plaintiff to guarantee the payment of the obligation to return, including various subsidies to the Intervenor.

(hereinafter referred to as “A contract” and “B” in succession. A contract is concluded between the policyholder and the Defendant’s Defendant Securities Number B’s insurance coverage amounting to KRW 3,00,000,000,000 for various kinds of subsidies (including settlement allowances) granted by an insurance company (including settlement allowances) for the guarantee of payment (with no guarantee for any obligation under a monetary loan contract and any obligation to return prepaid insurance solicitation fees) for the refund of fees by the insurance company (with no guarantee for any obligation under a monetary loan contract and any obligation to return prepaid insurance solicitation fees under a monetary loan contract), and the guarantee of payment for the insurance company’s fees (limited to any obligation under the provision on payment of fees and no guarantee for any obligation under a monetary loan contract) on November 1, 2014; November 31, 2016; and (1) as classified on April 30, 2016 (2)

C. In concluding a contract, the Defendant agreed to pay the insurance money in addition to damages for delay, legal procedure costs, and other expenses when the Plaintiff paid the insurance money by failing to perform his/her obligation guaranteed by the Plaintiff.

(hereinafter “instant agreement”). D.

An intervenor shall total of KRW 1,500,000 on November 15, 2014, and KRW 1,500,000 on November 25, 201.

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