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(영문) 서울중앙지방법원 2021.01.12 2020가단5130455
환수금
Text

The defendant shall pay 34,439,610 won to the plaintiff and 12% per annum from April 21, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an agent of a comprehensive insurance sales corporation, and the Defendant entered into the FC Commission Agreement (hereinafter “instant contract”) with the Plaintiff around February 4, 2014, and was engaged in the business of mediating the conclusion of an insurance contract, maintaining and managing the insurance contract, etc. from around that time to July 31, 2016 as an insurance designer belonging to the Plaintiff during the period from July 31, 2016.

B. The terms and conditions related to fees of “a letter of essential content related to the standards for payment of fees” written at the end of the instant contract, “a letter of confirmation related to the payment of fees,” and “a annexed agreement” written at the end of the said contract are as follows, and the Plaintiff voluntarily signed the said contract, written confirmation, and written agreement attached thereto (Provided, That the following “company” refers to the Plaintiff and FC “Defendant”). Article 6 (Completion) of the instant contract. ① Upon the conclusion of the commission contract, the Company fully explained the FC of the terms and conditions related to the commission agreement and the relevant provisions of the Company [the guidelines for the payment of fees for items of completion, method of calculation, specific payment method, etc. (hereinafter “business regulations”)”, and the FC consents thereto.

(2) A company shall determine the payment date of fees to be paid to the FC and pay fees within a fixed date in accordance with the standards for payment of business regulations.

(6) If an insurance premium is not paid but is not maintained due to the invalidation, cancellation, etc., a company may recover the fees paid at the time of a new contract in accordance with the attached agreement to the contract and the relevant regulations of the company, and where an invalidation contract occurs due to termination (including invalidation and cancellation), the company may recover the total fees for the previous payment.

Important certificates of details related to standards for payment of fees;

1. Performance fees in the items of payment of fees are pre-paid under the pre-paid guidance prior to the payment of insurance premiums between two years of a new insurance contract entered into by the FC or between 13 months, and most of the initial year for the increase of total contracts.

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