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(영문) 서울중앙지방법원 2018.09.05 2018나4436
기타(금전)
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

Facts of recognition

A. On August 16, 2013, the Plaintiff (former trade name: Ess life insurance company) concluded a contract with the Defendant setting the contract term as one year with the insurance solicitor as the main purpose of insurance business, and the Defendant around August 16, 2013.

(hereinafter “instant commissioning Contract”). (b)

According to the instant commissioning Contract, the Plaintiff shall pay allowances to insurance solicitors in accordance with the allowance payment criteria separately determined by the Company (Article 20) in return for the conclusion of insurance contracts and the performance of duties incidental thereto (Article 20), and where the insurance premiums received by the Plaintiff are refunded to policyholders due to the termination of the insurance contracts arranged by the insurance solicitors, or the insurance contracts are no longer maintained, a considerable portion of the insurance premiums refunded by the Plaintiff and the allowances paid to the Plaintiff may be recovered from the insurance solicitors’ allowances, and detailed matters

(Article 21) Accordingly, the Defendant completed education on the “2013 Allowances Standards,” and consented to the application of the said Standards. In addition, the Defendant agreed to various allowances, such as “Agreement on the Payment and Recovery of Performance Allowances,” and “Agreement on the Payment and Recovery of Performance Allowances,” and received allowances accordingly.

C. Relevant provisions of the "Performance Allowance Payment Criteria and Redemption Agreements" relating to this case are as follows:

The plaintiff shall pay the defendant a prescribed performance allowance under the following conditions for the establishment of an organization that will become the main engine of the growth of insurance solicitors and for early settlement support, and the insurance solicitor shall confirm that there is no objection in the application of the following redemption conditions in receiving performance allowances:

(P) Company and insurance solicitors clearly understand the contents of this Agreement through mutual adequate dialogue and explanation, and thus recognize all the matters as the objectives, contents, terms, etc. of the Agreement.

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