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(영문) 서울서부지방법원 2016.06.02 2015가합1598
환수금
Text

1. The Plaintiff:

A. Defendant A’s KRW 128,809,975 and for this, KRW 20% per annum from February 26, 2015 to September 30, 2015.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or may be acknowledged upon a comprehensive consideration of the whole purport of the pleadings in each entry in Gap evidence 1 to 5.

On December 7, 2010, the Plaintiff entered into a contract with Defendant A for commission (hereinafter referred to as “instant commission contract”) of SM (SSer; referring to an intermediate manager who has a FC (general designer) as an insurance solicitor) with respect to life insurance (hereinafter referred to as “instant commission contract”).

B. The main contents of the instant commission agreement on the payment and restitution of allowances are as follows.

Article 6 (Insurance Solicitation Fee) (2) A company shall determine the date of payment of fees to a designer and pay fees according to the standards for payment within a fixed date.

(6) Where insurance premiums are not paid but are not maintained due to invalidation, cancellation, etc., a company shall recover the allowances paid at the time of a new contract for a period not exceeding two years, and where an invalidation contract occurs due to termination (including invalidation and cancellation), the company shall recover the total allowances paid at the time of the new contract.

Article 14 (Ex Post Facto Adjustment following Dismissal) (1) When a designer is dismissed, all fees shall not be paid in accordance with the effective management standards and payment standards.

(2) Even if a designer is dismissed, the designer shall have the duty to guarantee the repayment of all kinds of fees under the fee provisions.

Article 5 Performance Allowances (1) The performance allowances of SM shall be calculated by multiplying the new contract terms and conditions sold by the competent teamFC by the rate of performance allowances determined according to the appointment month of the FC for recruitment, the month of delegation by the SM himself/herself, and the rate of performance allowances determined according to the rate of team maintenance, and shall be paid after deducting the standard amount of import stabilization allowances.

Article 7 (Omission) In accordance with the results of commission, monthly and efficient settlement of accounts of the new FC, the new FC shall be operated by SM of teams to which the new FC belongs as of the end of the month preceding the month of the payment of allowances, as follows:

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