(영문) 서울서부지방법원 2018.05.03 2017가합32282

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(영문) 서울서부지방법원 2018.05.03 2017가합32282

환수금

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1. The Defendants are jointly and severally liable to the Plaintiff 415,439,107 won and the interest rate of 15% per annum from June 6, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company running the insurance business, and the Defendant B (hereinafter “Defendant B”) is a company whose business purpose is the insurance agency business, and Defendant C is a representative director of Defendant B (hereinafter “representative director”), and Defendant D and E were employed as an employee of Defendant B.

B. On September 6, 2013, the Plaintiff entered into an insurance agency contract (hereinafter “instant agency contract”) with Defendant B with the main content of entrusting the conclusion of a life insurance contract and the receipt, etc. of the premiums and paying fees for the handling of the entrusted affairs. Article 7 [GAgenalcy fees] (1) Company (the terms of the instant agency contract refers to the Plaintiff; hereinafter the same shall apply) shall pay GA fees, as stipulated in the attached agreement, to the instant agency contract.

(2) If the GA refunds to the policyholder all or part of the premiums received by the company due to any change, invalidation, termination, etc. of the terms and conditions of the contract for the insurance dealing with it, it shall refund to the company the full amount of the fees previously incurred in relation to the pertinent refund premium.

Part 2. (Payment and Collection of Fees) The Company shall explain the criteria for payment of the fees to the GA at the time of this contract and obtain the consent of the GA, and shall pay the fees to the insurance contracts solicited by the GA in accordance with the Company’s regulations on the payment of the fees to the GA.

(2) In the event that the Company intends to change the criteria for the payment of GA fees, it may make an advance notice of the change at least one month prior to the scheduled date of implementation and change the criteria for the GA fees with the consent of the Company.

In such cases, the company shall notify the details of the change in writing or through the in-house computer network and make it available for regular perusal.

The company shall meet the criteria for the payment of the GA fee.

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