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(영문) 서울중앙지방법원 2016.10.19 2014가합40140
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 38,995,303 to the Plaintiff (Counterclaim Defendant) and its related amount from July 2, 2014 to October 19, 2016.

Reasons

(b) Article 8 (Liability for Damages and Recovery of Fees);

A. The branch office is liable for compensating for damages to its employees due to unlawful conduct related to the solicitation of insurance contracts and the receipt of insurance premiums.

(b) If a contract entered into between a branch and an employee is not maintained (e.g., efficacy, cancellation, invalidation, termination, etc.), the head office shall first be recovered from the fee to be paid to the employee concerned and the fee to be paid to the branch for the shortage shall be subtracted;

Article 10 (Suspension of Qualifications)

(c) not pay any fee for the remaining amount of unpaid maintenance for not less than three months;

Article 12 (Annexed Terms and Conditions) Matters not provided for in this Agreement shall be governed by the Annexed Terms and Conditions.

Annexed Agreement

1.The total amount of the fees received by three weeks from raw yarns shall be fixed at a rate of 100% and the branch shall be payable for the business performance of the branch as follows:

**** From October 2001 to September 201, 201 as to the achievements of new contracts*** Life insurance: 93.5% of the total fee (other than policy expenses): 93.5% of the total fee (other than policy expenses)

2. Amount to be recovered = Total amount of fees for advance payment ¡¿ (13-Maintenance and repair) / 10.

3.Paragraphs 1 and 2 above may be changed upon the birth of the cause of change, such as change in the fee policy, depending on the business environment and market change.

The Defendant, including the instant branch office, operated the instant branch office from September 201 to May 2012. Meanwhile, the Defendant, as an insurance solicitor of the Plaintiff, was employed in the Plaintiff company on September 1, 201, and was treated as retired on November 5, 2012.

E. Defendant’s insurance solicitation and Plaintiff’s fee payment 1) Defendant and insurance solicitors of the instant branch from September 201 to May 2012, 201, as indicated in the attached Table 1 (508 Nos. 258, 259, 262, 263, and 264 among the insurance contracts, are excluded.

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