(영문) 서울중앙지방법원 2014.02.14 2013가합49249

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(영문) 서울중앙지방법원 2014.02.14 2013가합49249

수수료반환 등

Text

1. The plaintiff's action against the defendantO shall be dismissed.

2. Defendant A, B, C, D, E, F, G, H, I, J, K, L, M, and N respectively.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants were commissioned as the Plaintiff’s insurance solicitor (FC or SM) and entered into a commission contract with the following contents (hereinafter “instant contract”).

[FC Commission Agreement] Article 3 (Entrustment Business] The duties entrusted by the Defendant to FC are as follows:

1. Mediation of conclusion of insurance contracts;

2. Incidental business affairs for the maintenance and management of the insurance contract (such as the payment of fees) (1) The defendant shall pay the fee of the FC in accordance with the provisions related to the fee within the fixed date.

2. Upon entering into this contract, the Defendant shall explain to the FC the details of the fee-related provision of paragraph (1).

(3) Where any ground for refund of fees provided for in the business guidelines of insurance arises, such as termination (Invalidity), cancellation, invalidation, cancellation, etc. of a insurance contract solicited by the principal, the FC shall refund the fees already received to the defendant, as prescribed by the insurance business guidelines.

[SM Commission Agreement] Article 1 (Status) of the Act shall be governed by the guidelines for insurance business of solicitors and the defendant under the Insurance Business Act when entering into a contract with the defendant. Article 3 (Delegation of Authority) shall be delegated to SM with the following affairs:

1. Providing policyholders with insurance-related services;

2. The defendant under Article 5 (Allowance Allowance) of the Act on the Employment of High-Quality FC and the Management of FC under its control shall pay to SM all allowances arising in connection with the delegation affairs set forth in Article 3.

The payment and redemption of various allowances shall be governed by the SM insurance business guidelines.

Article 7 (Composition of Contract) SM has sufficiently reviewed the defendant's insurance business guidelines related to delegated work processing and allowances at the time of the conclusion of this Agreement, and recognized that these business guidelines become part of this Agreement.

B. The Defendants were dismissed as an insurance solicitor while performing their duties, and the instant contract and the Plaintiff’s FY208.

참조조문

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