(영문) 서울남부지방법원 2020.01.10 2018가단211604

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울남부지방법원 2020.01.10 2018가단211604

기타(금전)

Text

1. The Defendant’s KRW 38,308,647 as well as 5% per annum from February 20, 2018 to January 10, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the Plaintiff and the Defendant and the instant restitution clause, the Defendant concluded a contract with the Plaintiff on September 2, 2004 for the commission of insurance solicitors, and performed the insurance solicitation business, and the commission contract was terminated on November 1, 2015.

According to the terms of “commission contract” and “written confirmation of material facts and explanation” written between the Plaintiff and the Defendant, the Plaintiff is obliged to pay the fee to the Defendant who is the designer in accordance with the standard for the payment of fee within the insurance business system set by the company. In the event the grounds for restitution (e.g., termination and non-maintenance of the insurance contract) arise, all or part of the fee already paid may be recovered. The provisions thereunder

(hereinafter referred to as “instant restitution clause”). The actual substance of the pertinent restitution clause shall be paid fees and important matters related to the reimbursement of fees.

1. Upon entering into a new contract, the Company shall grant the relevant results (the beginning of the total conversion month) and, in proportion thereto, pay a certain amount of new contract fees to the FP.

2. Under the premise that the new contract fee is divided into a basic fee and a pro rata fee and that the insurance premium is paid in the next 18-month period from the date of the determination of the new contract, the payment for the payment of the premium shall be made in advance once for the 18-month period from the date of the determination of the new contract, and the payment shall be made in installments on the following month of the payment of the premium at the time of the payment of the premium.

3. Where an insurance premium is not paid in the future due to the lapse, cancellation, etc. of a recruitment contract, the portion of the basic fee already paid in advance for 18 months shall be recovered, and where the grounds, such as termination, withdrawal, invalidation, cancellation, etc. occur, the basic fee and the portion-paid fee already paid shall be recovered;

4.In addition, fees for settlement support shall be paid according to the outcome for the fostering and settlement of the FP, and some of the fees for settlement support already paid shall be recovered if the outcome determined by the Council and is not corresponding to the registered period.

7. The contract entered into which he has recruited before dismissal.

유사 판례

-서울남부지방법원 2020.01.10 2018가단211604

-서울남부지방법원 2018.01.12 2017나58289

-서울남부지방법원 2018.06.15 2017나61223

-서울고등법원 2018.01.26 2016나2042174

-서울서부지방법원 2016.06.10 2014가단45549