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(영문) 서울서부지방법원 2017.02.03 2015가단245629
수당금반환 등
Text

1. The Defendant shall pay to the Plaintiff KRW 20,428,306 and the interest rate of KRW 15% per annum from December 16, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 4, 2014, the Plaintiff is an insurance agency company (hereinafter “Plaintiff company”) and entered into a mutual agreement and profit-sharing agreement on the operation of the F Headquarters (hereinafter “instant operating agreement”) with the non-party company D (hereinafter “Non-party company”) and the non-party E, a de facto manager, transfer the insurance agency of the non-party company to the branch of the Plaintiff company’s affiliated company (hereinafter “F Headquarters”). The actual operation of the insurance agency of the non-party company is a type of business company.

B. While the Defendant was an insurance solicitor (FC) who had been initially engaged in activities under the control of the non-party company, the Defendant was dismissed on June 2015, when it had registered the insurance solicitor code with the Plaintiff company after entering into the instant operational contract.

C. Article 6(5) of the instant operational contract provides that “The fee regulations for insurance solicitors belonging to the F Headquarters shall be governed by the provisions of the Plaintiff Company: Provided, That the F Headquarters’s own fee regulations may be applied for a certain period.” Based on the foregoing proviso, the Plaintiff Company paid fees to the Defendant by applying the insurance business guidelines (i.e., the insurance business guidelines applied by the Nonparty Company to the Defendant before the conclusion of the instant operational contract; hereinafter “instant operating guidelines”).

Some of the insurance contracts recruited by the Defendant were invalidated or invalidated during the contract period, or terminated, and the sum of the fees to be recovered by the Defendant to be refunded to the Plaintiff Company in accordance with the instant business guidelines is KRW 20,428,306 (=the recovered amount of membership fees 2,711,396 KRW 17,797,052 - the recovered amount of membership fees - the recovered amount of KRW 80,142).

Detailed details of each of the above amounts shall be as shown in attached Table.

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