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(영문) 서울동부지방법원 2017.05.11 2015가합3592
환수금
Text

1. The Defendant shall pay to the Plaintiff KRW 239,377,886 and the interest rate of KRW 15% per annum from October 18, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 3, 2014, the Plaintiff and the Defendant entrusted the Plaintiff with all business affairs, etc. to recruit and maintain the conclusion of insurance contracts, and the Plaintiff entered into a commission contract with an insurance solicitor with the content of paying fees for the insurance contracts solicited by the Defendant (hereinafter “instant commission contract”). From that time, the Defendant served as the Plaintiff’s insurance solicitor from that time.

B. Article 5(2) of the instant commissioning Contract provides that “The Defendant shall refund the relevant fee to the Plaintiff in accordance with the Plaintiff’s relevant provisions when a cause, such as modification, invalidation, termination, or cancellation, etc. of the terms and conditions of the insurance contract dealt with, shall occur. The same shall also apply even after the termination

In addition, Article 4 of the subsidiary agreement of the commission contract of this case provides for the recovery of specific fees for each insurance contract, such as non-life insurance, life insurance, and general insurance.

C. From February 2014 to March 2015, the Plaintiff paid KRW 352,858,969 to the Defendant with the insurance solicitation commission.

From February 2014 to August 2016, there were 69 cases of insurance contracts recruited by the Defendant from February 2014 to August 2016, such as termination, cancellation, and invalidation, and the amount of recovery of fees calculated in accordance with the provision on the recovery of fees under the instant commissioned contract is 239,37,86 won.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 17, 21 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of fees collected at KRW 239,377,886, as well as damages for delay calculated at the rate of 15% per annum from October 18, 2016 to the day of complete payment, which is the day following the service of the Plaintiff’s written application for modification of the purport of the instant claim and the cause of the instant claim.

In regard to this, the defendant is the insurance solicitor's decision, such as cancellation and cancellation of the insurance contract.

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