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(영문) 서울고등법원 2019.02.15 2018나2018915
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. B An insurance solicitation commission agreement between B and the Plaintiff 1) : (a) around 2012, the location of the second floor of the building in Gangnam-gu Seoul Metropolitan Government as the location of the second floor of the H building was established and operated, and (b) on April 24, 2012, the life insurance agency agreement between the Plaintiff as an insurance company and the Plaintiff (hereinafter “instant agency agreement”).

At the time of the conclusion of the instant agency contract, the Plaintiff and B agreed to pay 650% of the premium per time as insurance commission, and 25% of the premium per month as maintenance allowance when soliciting policyholders who enter into the insurance contract with the Plaintiff. (ii) At the time of having difficulties in soliciting policyholders, B recruited those who did not intend to pay the premium as the Plaintiff’s policyholder, received the insurance commission from the Plaintiff, and maintained the insurance contract formally only for a certain period through the method of paying the premium by using the said insurance commission.

B. Around August 2012, B entered into an insurance contract with Defendant D and E by requesting for subscription to policyholders, and agreed to pay a fee of 420% or 480% of the premium once every time it entered into an insurance contract with a policyholder. Around October 2012, the Defendants and B agreed to pay part of the insurance commission that they would receive from the Plaintiff as an agreed fee upon requesting for subscription to subscription to policyholders. (2) The Defendants and B agreed to pay the insurance fee that they would receive from the Plaintiff as an agreed fee when requesting for subscription to subscription to policyholders. (3) At the time of the above agreement, the Defendants and B received from the Plaintiff the insurance fee from the Plaintiff in return for invitation to policyholders of the Plaintiff, and the Defendants paid the insurance fee according to the above agreed rate.

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