(영문) 서울남부지방법원 2020.10.27 2019가단3596

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.10.27 2019가단3596

보험수수료 및 시상수수료 환수금 반환

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurance agency business that acts as an agent or broker for customers and insurance companies to conclude insurance contracts on behalf of them.

B. On June 1, 2017, the Defendant concluded the instant commissioning Contract with the Plaintiff through C Branch under the Plaintiff’s control (hereinafter “instant commissioning Contract”).

C. At the time of entering into the instant commissioning Contract, the Plaintiff and the Defendant agreed that the Defendant shall engage in insurance solicitation activities for the Plaintiff, and the Plaintiff shall pay fees to the Defendant based on the performance records, such as the number of insurance solicitations, etc., and if the insurance contract recruited by the Defendant is not maintained for a certain period, or becomes null and void, cancellation, or withdrawal of subscription, the Defendant

However, the insurance contract of this case is referred to as "the insurance contract of this case" in the table 2 to 7 of the attached table Nos. 2 to the defendant's name.

A was invalidated by reason of termination, revocation, etc. (the fact that there is no dispute over the basis of recognition, entry of evidence No. 1 and the purport of the whole pleadings)

2. Determination on the cause of the claim

A. A. A summary of the parties’ assertion 1) As the instant insurance contract solicited by the Plaintiff as an insurance solicitor becomes effective, KRW 28,89,663 of the amount to be recovered was incurred. However, the Plaintiff’s payment of KRW 1,581,757, which is normally maintained by the Defendant, is the unpaid status of KRW 1,581,757. Therefore, the Defendant is obligated to pay to the Plaintiff the amount to be recovered (i.e., KRW 28,89,663 - unpaid fees 1,581,757) and the delay damages therefrom. (ii) The Defendant did not recruit the instant insurance contract, but did not participate in the solicitation.

In addition, the defendant returned all the fees received from the plaintiff in relation to the solicitation of the insurance contract of this case to C Branch D.

Therefore, the defendant is not obligated to return the collection due to the termination of the insurance contract of this case to the plaintiff.

(b) Judgment 1.

유사 판례

-서울동부지방법원 2017.11.21 2016가단35780

-서울남부지방법원 2018.01.26 2016가합109544

-서울중앙지방법원 2015.01.21 2014가단121790

-서울중앙지방법원 2018.05.11 2017나51053

-서울남부지방법원 2015.06.18 2015나50915