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(영문) 서울중앙지방법원 2020.07.22 2019나58768
수수료반환청구
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under paragraph (2) is revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that runs an insurance business, and the Defendant entered into an entrustment contract with the Plaintiff on October 25, 201 with respect to business, such as brokerage of conclusion of insurance contracts, and incidental business for the maintenance and management of insurance contracts (hereinafter “instant entrustment contract”) and worked as an insurance solicitor on August 1, 2012 before the termination of the said contract.

Article 5 (Payment, etc. of Commissions) (3) Where a violation of the fee prescribed in the insurance business guidelines, such as cancellation (Invalidity), cancellation, invalidation, cancellation, etc. of an insurance contract solicited by the principal, or any ground arises, the FC shall refund the fee received to the company in accordance with the insurance business guidelines.

A Insurance Business Guidelines Section 14. In case of failure to maintain a contract, re-payment

1. Redemption of fees;

(a) Cancellation of order/return after completion, invalidation/cancellation/Cancellation: Full refund of relevant fees;

B. Of the instant consignment contract and the insurance business guidelines, the part related to the refund of fees is as follows. The Defendant signed the instant consignment contract with the signature of the Defendant that “a contract is concluded on the ground that the content of the consignment contract and the payment and redemption provisions of the fee were sufficiently explained and understood at the time of entering into the instant consignment contract.”

D G H H 50,000 won FI H 50,000 won, Defendant CJ H 500,000 Won F H 500,000 won, Defendant E M M 102,300 won, Defendant N M 102,300 won

C. On February 24, 2012, C, D, and E (hereinafter “instant contractors”) purchased the Plaintiff’s insurance products through the Defendant and F, as follows:

(hereinafter “each insurance contract of this case” and “each insurance contract of this case” is referred to as “each insurance contract of this case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s insurance. D I 1,138,365 won, K 1,138,365 won, E L 532,361 won. 2,809,091 won.

D. Fees paid to the Defendant upon the conclusion of each of the instant insurance contracts for the recruitment of the Defendant are as follows:

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