logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.03.15 2017가단215749
환수금
Text

1. The Plaintiff:

A. Defendant B: 79,735,764 Won;

B. Defendant C is jointly and severally with Defendant B to KRW 10,000,000 out of the said money.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs non-life insurance and life insurance agency business.

B. On August 17, 2011, Defendant B entered into a branch contract and insurance solicitor commission contract with the Plaintiff, and opened a branch office of “Financial Franchis 1 Headquarters” (hereinafter “instant branch”) and sold insurance products. Defendant C entered into a financial guarantee agreement with the Plaintiff on December 27, 201 and agreed to jointly pay the Defendant B’s debt owed to the Plaintiff within the limit of KRW 10 million.

C. The main contents of the branch contract concluded with Defendant B are as follows.

Article 14 (Payment of Allowances) (1) The head office shall pay to the branch office allowances prescribed in accordance with the payment criteria separately determined by the head office in return for the brokerage of conclusion of insurance contracts and the performance of duties incidental thereto.

(2) Where a branch office has any amount to be paid to its head office, allowances may be paid after deducting such amount.

Article 15 (Recovery of Allowances) (1) Where all or part of the insurance premiums received by the head office due to the change, invalidation, termination, etc. of the terms, etc. of insurance contracts by the branch team members, the head office may recover from the branch office team allowances the part equivalent to the insurance premiums refunded and allowances paid.

(2) In cases falling under paragraph (1), allowances to be paid to branch team members shall be preferentially recovered, but the allowances shall be recovered from the following month to the time 100% of the allowances are recovered when the unpaid portion occurs.

(3) Where there exists an amount of money for which the head office has not been recovered under the above provisions, the head of the branch office or team member shall pay the amount of money not recovered to the head office.

Defendant B’s insurance contract was invalidated or terminated at the instant branch office operated by Defendant B’s branch office, and there was a recovery amount of KRW 79,735,764, and the Plaintiff did not recover the said money from the relevant team board (insurance solicitor belonging to the branch office).

[Ground of recognition] A.

arrow