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(영문) 서울중앙지방법원 2018.11.16 2018나76
수수료 환수
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On October 19, 2016, the Plaintiff, a corporation operating an insurance agency, etc., entered into a contract with the Defendant for commission of insurance solicitors (hereinafter “instant contract”). According to the instant contract, the Plaintiff shall pay a fee to the Defendant in accordance with the criteria for payment of various allowances separately determined by the Plaintiff in return for mediating the conclusion of the insurance contract and performing duties incidental thereto, and if all or part of the premiums received by the company due to the change, invalidation or termination, etc. of the terms and conditions of the insurance contract recruited by the Defendant are to be refunded to the policyholder, the company may recover from the insurance solicitor the amount equivalent to the insurance premium and the fees paid by the company.

(Article 6 (1) and (6) of the Agreement. (b)

The Plaintiff submitted “FC Fee Payment Criteria and Written Confirmation of Recovery” as set out in the name of the Defendant, and paid KRW 14,000,000,000 to the Defendant with settlement support around October 2016, and KRW 7,000,000,000, around November 2016.

I have received full explanation from you about the criteria for the payment and recovery of fees in accordance with the criteria for the payment and collection of fees for the independent agency, and I have agreed without any objection to the application of the criteria for the payment of fees.

On the other hand, in the case of a settlement allowance (settlement subsidy) received from the company in addition to the criteria for the payment of fees, I agree to recover the subsidized amount in the case of falling under the criteria for recovery set forth below, and confirm that no objection is raised.

1. If a person retires within the 13th month of the date of the commission month as of the recovery base, he/she shall recover 100% of the amount of the subsidized allowance (the working conditions until the date of the 13th payment of the allowance) within the 25th month of the commission month, if he/she retires within the 37th month of the commission month (the working conditions until the date of the 25th payment of the allowance), 25% of the amount of the subsidized allowance.

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