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(영문) 전주지방법원 2015.04.24 2013가단26229
부당이득금
Text

1. The Defendant: (a) against Plaintiff A, KRW 1,297,858, and Plaintiff D, KRW 405,222, and each of the said money, from May 16, 2013 to April 16, 2015.

Reasons

1. Facts of premise;

A. On March 3, 2011, the Defendant, an insurance company under the Insurance Business Act, entered into an agreement with the Plaintiff on insurance solicitors (hereinafter “Designer Agreement”) and the entrustment agreement with the J branch (hereinafter “branch offices agreement”) and the Plaintiff established the J branch office in the office located in Seo-gu, Seo-gu, Seoul.

The defendant paid the expenses for the operation of the branch office to the plaintiff A each month in accordance with the separate fee payment regulations set by the defendant.

B. On March 201, 201, the rest of the Plaintiffs except Plaintiff A entered into an agreement with the Defendant and an insurance solicitor (hereinafter “designer agreement”).

Fees determined in the design company agreement concluded between the plaintiffs and the defendant are classified into new contract fees (payment if an insurance contract is concluded), maintenance fees (payment shall be made by applying the timing and rate of payment according to the difference of payment of premiums after the conclusion of the insurance contract), and efficiency fees (payment shall be made according to the ratio of the insurance contract maintained to a certain extent).

C. In the design firm agreement, the Plaintiffs read the terms and conditions set out in this Agreement by signing the terms and conditions set forth in the Agreement with the Defendant, and the terms and conditions form part of this Agreement. The Company shall pay fees and allowances in accordance with the fee and allowance rate table separately set forth in the FC with respect to solicitation activities provided by the FC (hereinafter “SB”), and the FC shall agree to receive them as remuneration, and the Company may modify and abolish the said Schedule by written notification at any time.” The fee and allowance rate table are to apply the fee rules set by each insurance company which concluded the Agreement on the Payment of Fees.

However, the plaintiff A added the J branch around January 2013.

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