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(영문) 부산지방법원 2021.01.12 2019가단340228
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a corporation with the purpose of insurance agency business, etc., and the non-party F is an insurance solicitor belonging to the plaintiff company.

B.F, upon attracting a new insurance contract, received the amount of money equivalent to approximately 900 to 1,000% of the monthly insurance premium from the Plaintiff as an insurance sales allowance for the following month, and if the monthly insurance premium has been continuously paid at least 6 to 8 times and the insurance contract has been maintained for a certain period, F has received money equivalent to a certain percentage of the monthly insurance premium from the Plaintiff as an insurance sales allowance for a certain period from the time when the monthly insurance premium was paid at least 6 to 8 times.

(c)

The Defendants, as pharmacists, concluded an insurance contract with each insurance company as shown in the attached Table 1, as a broker of the conclusion of the insurance contract with G, H and I, work together with the insurance design private person F or F belonging to the Plaintiff.

(d)

The Plaintiff paid each money to F as shown in the attached Table 2 with the insurance sales commission related to the maintenance of insurance for a certain period of time after mediating the conclusion of each insurance contract with the Defendants.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1 to 13 evidence, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The summary of the Plaintiff’s assertion is that the Defendants, in collusion with F, agree to obtain insurance sales allowances to be paid by the Plaintiff to F and distribute them to F, and F, by paying part of the insurance sales allowances paid by the Plaintiff to the Defendants, thereby compensating the Defendants for a part of the monthly insurance premium to be paid by the Defendants, the Defendants acquired insurance sales allowances by means of filing a civil petition with the Financial Supervisory Service to invalidate the insurance contract after a certain period and receive the refund of the paid insurance premium.

Therefore, the Defendants paid the Plaintiff as compensation for tort to F in return for the solicitation of insurance contracts by the Defendants.

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