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(영문) 서울중앙지방법원 2015.06.03 2015가합3247
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 145,850,673 as well as 20% per annum from May 9, 2015 to the day of complete payment.

Reasons

1. Indication of claim;

A. The Plaintiff is an insurer engaged in life insurance business, etc., and the Defendant concluded an entrustment contract with the Plaintiff and served as an insurance solicitor from May 21, 2012 to May 29, 2014.

B. On May 14, 2012, the Plaintiff entered into an agreement with the Defendant on the payment of piece rates to the Defendant (hereinafter “instant agreement”). According to the instant agreement, the Plaintiff shall be paid special performance-based and monthly piece rates, etc. to the Defendant, but if the Defendant’s insurance contract maintenance rate falls short of 88% at the time of the second year settlement, the Defendant shall return 50% of the total amount of piece rates paid to the Plaintiff.

C. By the second year, the Plaintiff paid the Defendant the piece rate of KRW 291,701,346 (special performance rate of KRW 132,591,522 monthly piece rate of KRW 159,109,824).

However, as a result of the settlement of the second year, the maintenance rate of the defendant's insurance contract was 55% to 88%.

Therefore, according to the instant agreement, the Defendant is obligated to pay 145,850,673 won (291,701,346 won x 50%) equivalent to 50% of the performance-based bonuses paid to the Plaintiff pursuant to the instant agreement and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 9, 2015 to the date of full payment, which is the day following the day of service of the duplicate of the application for the instant

2. Article 208 (3) 3 of the Civil Procedure Act:

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