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(영문) 서울남부지방법원 2018.10.26 2018나53625
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant asserts again or adds the judgment of the court of first instance under Paragraph 2, which is the same as stated in the reasoning of the judgment of the court of first instance. Thus, it is without merit in accordance with the main sentence of Article 4

2. Additional determination

A. The Defendant’s assertion ① The Plaintiff’s claim that there was no separate provision regarding the method of calculating the fees to be recovered, and thus, the aforementioned rate cannot be interpreted equally as the rate of advance payment and the rate of redemption, and it should be deemed that there was no provision in the terms

② The Plaintiff did not specify or explain to the Defendant the details of the fee restitution.

③ Since the Defendant repaid KRW 6,257,020 to the Plaintiff, KRW 6,257,020 should be deducted from the Plaintiff’s claim amount.

B. (1) As to the assertion that there is no provision on the calculation method of fees to be recovered, Article 6 subparag. 5 (No. 2 of the PA channel fee) of the Plaintiff’s PA channel fee provision (Article 6 subparag. 5 (No. 4) of the PA channel fee) provides that where a recruitment contract is invalidated, terminated, or cancelled (including cancellation of an order), all DC, productivity universalp and DC related fees, expenses, etc. paid in connection with the pertinent contract shall be reflected in the calculation, and Article 6 subparag. 6 of the PA provides that, for an insurance designer who has caused a cause to be recovered due to a non-maintenance contract such as invalidation, cancellation, etc., the collection of subscription fees as well as advance payment fees already paid, productivity, and high efficiency fees may be made, and as long as the payment criteria for various fees are prescribed in the attached Table (No. 2 No. 12).

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