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(영문) 서울중앙지방법원 2016.03.30 2015나37572
수수료환수
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 5, 6, and 9:

Around July 10, 2009, the Defendant entered into a contract for commission of the Plaintiff and insurance solicitors (hereinafter “instant contract”) with the Plaintiff running the insurance business (hereinafter “instant contract”), and entered into the instant contract with the Defendant on commission of the Plaintiff until September 1, 2010.

The details of the instant contract concerning the payment of fees are as follows.

Article 6 (Payment of Fees, etc.) (1) A company shall pay the fees of a designer within the fixed date in accordance with the "Standards for Payment of Fees within the Insurance Business Guidelines" (limited to "Standards for Payment of Fees of Chapter 1" in the Insurance Business Guidelines) set by the company.

(2) When entering into this contract, the company shall fully explain the standards for payment of fees under paragraph (1) to the designer and obtain his/her consent.

B. According to Article 6(1) of the instant contract, the Plaintiff is obligated to pay the fees to the Defendant according to the criteria for the payment of fees under the “insurance business guidelines determined by the Plaintiff” (hereinafter “instant fee payment criteria”) and the said payment criteria also provides for the grounds for the redemption of the fees already paid (hereinafter “instant fee recovery provisions”). The details are as follows.

【GFC Fee Payment Criteria】

1. New contract expansion - Definition: 70 to 50% of the initial payment and revenue stabilization account (POL) at the time of the formation of a new contract - The initial payment shall be based on the initial payment at once and 60% of the calculated new contract expansion: 【10%p reduction and exemption at the rate of the initial payment at the time of the evaluation - the amount of the import stabilization account (including strategic expansion): 30 to 50% of the calculated new contract expansion (including the strategic expansion) shall be accumulated in the import stabilization account and 7% of the revenue stabilization account (POL) shall be paid every month when the amount exceeds the standard amount of the import stabilization for each GFC (POL).

1. A new person;

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