(영문) 서울중앙지방법원 2018.08.16 2017가단5167129

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(영문) 서울중앙지방법원 2018.08.16 2017가단5167129

정산금 청구

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 8, 2009, the Plaintiff entered into a contract with the Defendant for the commission of insurance solicitors, and was discharged on September 1, 2015 from office on the part of the Defendant Gangnamnam Project Group FC.

[Ground for recognition] Unsatisfy

2. The parties' assertion

A. On August 18, 2015, at the time of filing an application for termination of a commissioning contract with the Defendant, the Plaintiff asserted that “the remaining fees, other than the prepaid fees, shall be settled by reflecting the contract maintenance, etc. at the expiration of 14 months” from the Defendant.

Since the “contract management fee” that the Plaintiff received from the Defendant immediately before the dismissal is about KRW 3.8 million, the Defendant is obligated to pay the Plaintiff the contract management fee equivalent to KRW 57 million in the amount of 15 months. Of them, the Defendant seeks payment of KRW 50 million.

B. The fee that is settled and paid at the time of 14 months after the Defendant’s dismissal of the FC is not a contract management fee, but a portion of the new contract fee, such as the Plaintiff’s assertion.

The plaintiff's assertion is not reasonable because the settlement of the new contract fee has been made in entirety, and the contract management fee should not be paid at the time of dismissal.

3. Determination

A. According to the Defendant’s insurance business guidelines for the payment and redemption of fees prescribed in the Defendant’s insurance guidelines (Evidence B No. 1), the fees that an insurance solicitor receives is classified into “new contract fees” that are paid for one year as remuneration following the solicitation of new contracts and “contract management assistant (referring to the same meaning as contract management fees; hereinafter “the fee”) that is paid as compensation for the efforts to maintain and manage after the beginning of the recruitment contract. In the case of “new contract fees,” the first installment shall be divided into the first installment and the first installment, and the second installment shall be paid in installments between two times and twelve times, and the second installment shall be paid in installments in 12 months, and the second installment shall be paid in accordance with the redemption rate prescribed.

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