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(영문) 서울중앙지방법원 2017.07.27 2017나857
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The plaintiff is a juristic person engaged in insurance agency business, and when the FC (hereinafter "FC") affiliated therewith (hereinafter "FC") solicits an insurance contract, the plaintiff receives a fee from the insurance company and pays part of the fee to the FC in accordance with the FC commissioning Contract and the allowance payment criteria.

B. The Defendant concluded a FC Commission agreement with the Plaintiff and worked as the Plaintiff’s FC from June 27, 201 to August 31, 2013.

C. According to the FC Commission agreement, the Plaintiff shall obtain the consent of the FC with respect to the payment criteria for allowances, shall pay the FC fee in accordance with the above criteria, and shall recover the fee paid in accordance with the above criteria if the invalidation agreement occurs due to termination (including invalidation and cancellation).

(hereinafter) Fees to be recovered as above are “repaid fee.” Of the Plaintiff’s allowance payment criteria, the relevant part of the instant case is as indicated in the “Standards for Payment of the Plaintiff’s allowance.”

D. After the Defendant was dismissed from office as the Plaintiff’s FC position, the Defendant terminated each insurance contract concluded on May 19, 2014, Daz. Co., Ltd. on January 8, 2014.

E. On the other hand, on February 26, 2014, the Plaintiff and the Defendant agreed on the collection fees incurred as of February 26, 2014 (hereinafter “instant agreement”) as follows:

(A) “A” refers to the Plaintiff’s “A” refers to the Defendant’s “A” / [based on recognition] of the absence of dispute, the entries in Gap’s evidence Nos. 1 through 7, and Eul’s evidence No. 1, and the purport of the whole pleadings.

2. The parties' assertion

A. When the contract of the plaintiff is terminated, the plaintiff will return the recovery fee to the insurance company, and the above 1. D.

Since each insurance contract for which the Defendant received fees (hereinafter “each insurance contract of this case”) is terminated as described in the paragraph, the Defendant is obligated to return the recovery fees to the Plaintiff according to the FC Commission agreement and the Plaintiff’s allowance payment criteria.

(b).

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