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(영문) 서울중앙지방법원 2019.06.12 2018가단47456
부당이득금 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 138,039,142 and the interest rate of KRW 15% per annum from November 30, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that establishes more than 460 branches nationwide and operates an insurance agency business. The Defendant is a person registered as an insurance solicitor of “C branch,” the Plaintiff’s branch located in Gunsan-si.

B. On July 15, 2014, the Defendant entered into the instant commission contract with the Plaintiff and insurance solicitors (hereinafter “FP”) (hereinafter “instant commission contract”). At the time, the Defendant entered into the commission contract, agreement on commission payment criteria, full sale, a written pledge of compliance with insurance regulations and solicitation order, a written explanation of important matters on fee payment, etc. are as follows.

[Commission Contract] Article 4 (Entrustment Business] (1) Company (A company refers to the plaintiff; hereinafter the same shall apply) shall entrust FP with the following business affairs, and FP shall faithfully perform the entrusted business affairs in accordance with the principle of good faith in order to comply with the relevant statutes, company's policies, internal regulations and guidelines:

1. All affairs related to new contracts, such as brokerage of conclusion of insurance contracts, receipt of subscription forms and computerized inputs (excluding affairs related to acceptance of subscription);

2. Business affairs for the maintenance of retained contracts, such as retained customer management and premiums collection, and for the services of policyholders (payment of fees) (1) In return for the performance of entrusted duties of the FP, a company shall pay to the FP fees calculated on the basis of business performance and efficiency of the FP and other sexual standards determined by the company;

(2) A company shall determine specific matters concerning the payment of various fees, such as the items of various fees, requirements for payment by item, methods of calculation, grades, efficiency, etc., detailed methods of calculation of amount paid, date of payment, etc. and shall comply with the rules on fees and standards for payment determined by the company.

The Company shall fully explain the conclusion of this contract and obtain the consent of the FP.

Article 7 (Refund of Fees) (2) The Company has made advance payment to the FP all the fees relating to the insurance contracts solicited by the FP.

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