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(영문) 대전지방법원 2014.02.20 2012가단23440
수수료반환
Text

1. The Defendants shall be jointly and severally, and the Plaintiff B shall not exceed 20,000,000 won, and the Plaintiff shall be 21,730,858 won and the Plaintiff shall be subject thereto.

Reasons

1. Facts of recognition;

A. Around August 19, 2011, Defendant A agreed to enter into a contract with the Plaintiff for commission of the insurance solicitor (hereinafter “instant commission contract”). On September 8, 201, Defendant B entered into a financial guarantee agreement with the Defendant to jointly compensate for the refund of the amount to be recovered in the event of a cause for the recovery of the advance payment fee due to the invalidation, termination, reduction, etc. during his/her employment, within the guarantee limit of KRW 20,000,000, the Plaintiff and the Defendant A as the principal guarantor.

B. The Defendant did not perform business activities until February 2012, but suspended and dismissed the insurance solicitor’s business.

C. Of the insurance contracts concluded by Defendant A, the insurance contracts subject to redemption, redemption rate, and fees are as shown in the attached Form. The Plaintiff’s loan balance against Defendant A is KRW 3,998,196.

Meanwhile, Defendant A’s SBF reserve amounts to KRW 2,048,427, the remaining fees to KRW 143,547, and the amount to be recovered from income deduction to KRW 1,270,100, the sum of the amounts that the Plaintiff accrued to Defendant A is KRW 3,462,074.

The main contents of the instant commission contract and the Plaintiff’s internal “business regulations and standards” are as follows.

(1) The Company shall pay to the team members prescribed allowances in accordance with the criteria for payment of team class allowances determined separately by the Company in return for the conduct of the brokerage of the conclusion of the insurance contract and the affairs incidental thereto.

(2) Where a team member has an amount to pay to a company, the company may pay allowances after deducting such amount.

(4) When a team member is dismissed, all allowances under the criteria for payment of team members shall not be paid.

Article 16 Redemption of Allowances (1) The Company shall refund all or part of the premiums received by the Company to the policyholder due to the change, invalidation or termination, etc. of the terms, etc. of the insurance contract arranged by the team members.

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