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(영문) 서울중앙지방법원 2016.04.15 2015나67757
수수료환수
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2...

Reasons

1. The party's assertion

A. The Plaintiff’s assertion 1) concluded a contract with the Defendant on March 9, 2009 for the commission of the insurance solicitor. The Plaintiff’s insurance business guidelines, such as “standards for the payment of fees,” which the parties agreed to apply at the time, stipulate that “if the insurance contract solicited by the Defendant was not maintained due to the cancellation, etc. of its application, the Plaintiff shall recover a certain amount calculated in accordance with the criteria set by the Plaintiff from among the fees that the Plaintiff had paid to the insurance solicitor at the time of soliciting the contract.” (ii) the Plaintiff began to have the cause for the collection of fees from September 2009 in relation to the insurance contract solicited by the Defendant, and on July 30, 2009, DE on June 30, 2009, the date of subscription for the name of the contractor, FI on July 31, 2009, 20 GI on July 30, 2009, the Plaintiff recovered part of the fees to be recovered through the Defendant’s “revenue account”.

On the other hand, on December 1, 2009, the Plaintiff dismissed the Defendant from the insurance solicitor, and the details of the amount to be recovered and the amount not recovered until the dismissal are as follows.

On September 821, 153, 814, 306, 814, 306, 423, 664 1,032, 297, 327, 327, 356, 1833, when the Plaintiff dismissed the Defendant’s “import stabilization account” to cover the remaining 89,739,000,000,000 won in the amount to be recovered, and the amount to be recovered was KRW 1,266,44 (i.e., KRW 1,356,183 - KRW 89,739,00). Meanwhile, upon the dismissal, the Plaintiff had the obligation to refund the amount to be recovered, KRW 415,21,00,00, KRW 1,681, KRW 465,164,565, Nov. 4, 205).

Even if the statute of limitations is considered five years, the starting date of the statute of limitations shall be December 1, 2009, when the defendant was dismissed.

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