logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.08.11 2014가단45501
환수금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,44,620 as well as 20% per annum from October 28, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On November 11, 2009, the Plaintiff, as an insurance company, agreed to pay a fee to the Defendant pursuant to the “Standards for Payment of Fees within the Individual Business Rules” as set by the Plaintiff, when concluding a contract for commission of insurance solicitors (hereinafter “instant contract”) with the Defendant.

B. The criteria for the payment of fees determined by the Plaintiff are as shown in the attached Form.

C. The Defendant was dismissed on July 16, 2010, and the contract was not maintained on the grounds of the invalidation, cancellation, termination, etc. of part of the insurance contract recruited by the Defendant. Accordingly, the Defendant was above the Defendant.

Amount to be returned in accordance with the standards set forth in paragraph (1) is KRW 32,435,63 in total (i.e., amount to be recovered 6,00,000,000 performance bonus for managing executives at KRW 8,625,00,00,00, and amount to be recovered at KRW 2,363,265, the amount to be recovered at KRW 4,487,85, and the amount to be recovered at KRW 10,959,59,513, and the amount to be paid by the Plaintiff to the Defendant is KRW 9,91,013.

The defendant asserted that the plaintiff filed a lawsuit to confirm the existence of the obligation with Busan District Court Decision 201Da4335, and that the plaintiff would not recover the settlement expense when the plaintiff worked for more than six months. On January 9, 2012, the above court rendered a judgment dismissing the defendant's claim based on the judgment that the defendant bears the obligation to pay the amount of redemption of KRW 22,164,584 against the plaintiff as of the date of the closing of argument in the above case, and the defendant appealed as 2012Na3392 with the same court, but the above court rendered a judgment dismissing the defendant's appeal on July 26, 2012.

[Ground of recognition] The non-contentious facts, Gap 1 through 4, and 6 through 8 (including each number), the fact inquiry results about the incorporated life insurance association, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant, as claimed by the Plaintiff in accordance with the fee payment standard included in the instant contract, shall be KRW 23,44,620 (i.e., amount to be recovered 32,435,633 - unpaid benefits 9,91,013) and KRW 23,44,620.

arrow