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(영문) 서울중앙지방법원 2015.06.17 2014나108
환수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. The Defendant, from May 1995 to October 201, served as an insurance solicitor of the Kant Life Insurance Co., Ltd., and concluded a contract for commission of the Plaintiff and the insurance solicitor on December 27, 2010 (hereinafter “instant contract”).

B. The main contents of the instant contract concerning the payment, refund, etc. of fees are as follows.

(FP is subject to Articles 2 (FP Status and Application Provisions) (1) and (2) of the Commercial Act, the Insurance Business Act, the Insurance Business Act, and the Insurance Supervision Regulations, and other related Acts and subordinate statutes, such as the Life Insurance Association Agreement, the life insurance association agreement, the documents annexed to the contract and the documents attached to the contract, and the "FP channel Business Rules" prescribed by the Company.

Article 6 (Payment of Fees, etc.) (1) A company shall pay fees for the FP in accordance with the standards for the payment of fees for the established rules on the business of the FP channel (hereinafter referred to as "standards for the payment of fees") set by it within the fixed date

(2) When a company executes commissioning contracts, it shall fully explain and obtain consent to the FP the standards for payment of fees under paragraph (1).

Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by the FP is not established due to the cancellation of an application, or its validity terminates due to invalidation, invalidation, cancellation (including a violation of the obligation to deliver a standardized contract and a duplicate of an application, a violation of the obligation to explain the terms and conditions, a violation of the obligation to explain the terms and conditions, a contractor and the insured, omission in signature or seal, etc.) or termination, etc., the company shall not pay fees, and the

(2)(3) omitted) Other detailed matters concerning the refund of fees shall be governed by the standards for the payment of fees under the FP channel Business Rules.

(5) The details of the refund of fees shall remain effective even after the contract for commission with the company is terminated.

C. The Plaintiff’s FP Channels Business Rules No. 10, which was enforced at the time of the instant contract.

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