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(영문) 서울남부지방법원 2019.06.05 2019가단3602
보험수수료 및 시상수수료 환수금 반환
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1. The Defendant shall pay to the Plaintiff KRW 25,913,196 and the interest rate of KRW 15% per annum from March 9, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 2018, the Plaintiff entered into a contract with the Defendant for commission of insurance solicitors (hereinafter “instant contract”) with the following content.

Article 28 (Recovery of Fees and Liability for Return)

1. Where any of the following events occurs with respect to fees received by an insurance solicitor from a company, an insurance solicitor shall promptly refund fees to the company:

(1) Where an insurance solicitor terminates an insurance contract because the insurance contract solicited by him/her has not been maintained, the insurance contract is terminated, or the insurance contract is terminated or terminated or terminated because it is deemed that the insurance contract solicited by him/her was sold under the violation of the quality assurance system;

1. Fees for subscription to insurance contracts, which have been normally concluded, are fees to be paid in advance on the premise that the insurance premium is maintained in normal terms, and thus fees corresponding to the period of lapse shall be recovered when any ground, such as cancellation, cancellation, and cancellation of an insurance contract, occurs;

Provided, That where an insurance contract becomes invalid, such as quality guarantee and termination of a civil petition, the full amount of fees already paid shall be recovered.

2. The detailed criteria for the collection of fees shall be governed by the Rules on Designer Fees (FC Fee Regulations);

B. Accordingly, until the defendant was dismissed, the defendant solicited the insurance as an insurance solicitor, and received the insurance solicitor recruitment fees, award fees, etc. from the plaintiff. Since the defendant did not have five of the insurance contracts recruited, the defendant's duty to return the commission to the plaintiff was incurred.

C. On the other hand, the defendant.

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