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(영문) 대전지방법원 2019.08.13 2018나111128
수수료 반환 등
Text

1. The judgment of the first instance court, including the claims expanded and reduced in this court, shall be modified as follows:

Reasons

1. Basic facts

A. On June 2013, the Plaintiff entered into a contract with Defendant B, branch offices, and insurance solicitors for non-life insurance and life insurance agency business. Defendant C is a guarantor who guaranteed the Plaintiff’s identity, fee refund, liability for damages, etc.

B. Defendant B entered into a contract with the Plaintiff, and worked as the branch office of the Plaintiff’s “D” from June 2013 to November 2016.

(c) The relevant provisions of the branch offices and commissioning contracts for the collection of fees and commissions for insurance solicitation shall be as follows:

(2) In the following provisions, the team members refer to all insurance solicitors engaged in insurance solicitation, such as FC, SM, AM, and CMF.

·Article 15 of the Branch Contract, Article 18 (Payment of Allowances) of the Commission Contract, Article 18 (Payment of Allowances) Company shall pay the team members prescribed allowances in accordance with the criteria for payment of team members allowances separately determined by the Company in return for the conduct of brokerage of conclusion of an insurance contract and affairs incidental thereto. 2) If the team members cause financial loss (such as sanction, penalty, fine, fine, fine, etc.) to the Company due to a violation of the Personal Information Protection Act and the Full Sales, etc., the amount of the relevant

3) If a team member has an amount to pay to the company, the company may pay the company allowances after deducting the amount. 4) A fee for a long-term credit contract fee shall be paid normally by the 20th of the following month, and the payment may be deferred at the time of payment.

5) The amount offset under paragraphs 2 and 3 above shall not be claimed for return to the Company by the team members. 6) When the team members are dismissed, all remaining allowances under the payment criteria for the team members shall not be paid.

7) No remaining allowances shall be paid upon termination of a contract between the two parties (in the case of withdrawal on a personal basis, even if any);

(i) Article 16 of the Local Branch Agreement, and Article 19 of the Commission Agreement.

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