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(영문) 서울중앙지방법원 2017.06.14 2016나71944
수수료환수
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. Basic facts

A. The Plaintiff is an insurance company that runs the life insurance business, etc., and the Defendant, from January 14, 201 to June 1, 201, performed the business of soliciting insurance for the Plaintiff according to the commission contract with the Plaintiff (hereinafter “instant contract”).

B. The instant contract is concluded by the Defendant to act as a broker for the conclusion of an insurance contract with respect to the Plaintiff’s insurance products and as a result, to collect fees from the Plaintiff. Article 6 of the instant contract provides that the Plaintiff shall pay fees to the Defendant within the fixed date pursuant to the Standards for Payment of Fees within the Insurance Business Guidelines (Paragraph 1), and where a cause for redemption prescribed in the Annex Agreement on the Standards for Payment of Fees has occurred, the Defendant may recover all and part of the fees already paid from the Defendant pursuant to the Annex Agreement.

(2) The provisions of subsection (2) are specified.

C. According to the insurance business guidelines, such as the instant contract and the attached agreements, there are new contract fees and the fees for settlement support to the Defendant. The grounds for the withdrawal of the new contract fees include “cancellation/return/return, quality guarantee, termination, termination, substitution of substitute contracts, product exchange, failure to maintain the contract within 12 times, modification of the contract, and cancellation of deposit,” etc., and “the standard amount of settlement support based on the current monthly achievements shall be set for settlement support,” and the fees for settlement support shall be deducted from the revenue stabilization account every 1/12 of the payment of the difference when the fees to be calculated per month fall short of the relevant standard amount, and shall be carried forward when the amount of revenue stabilization is short of the standard amount of revenue stabilization, and the special settlement support fees shall be paid in consideration of the annual income, etc. in the case of the outstanding recipient of the registration per month.”

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