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(영문) 서울서부지방법원 2015.07.09 2015나31333
환수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be acknowledged in full view of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 7 (including paper numbers), unless there is a dispute between the parties or in full view of the whole purport of the pleadings:

On June 8, 2007, the defendant entered into an insurance solicitor commission contract with the plaintiff (the former trade name before the change: C Co., Ltd.) from June 2007 to June 2008, and was dismissed on September 10, 2010 when performing its duties as the head of a branch office (BM) from July 2008 to May 2009.

B. From June 2009 to September 2010, the Defendant received early support allowances of KRW 26 million from the Plaintiff in accordance with the subscription process for insurance contracts and performance allowances calculated based on the FC and SM (hereinafter “SM”)’s performance from the Defendant’s branch.

In preparation for the occurrence of a cause to recover the allowance already paid by the Plaintiff, a certain percentage of the recruitment allowance shall be accumulated as the revenue stabilization allowance, and the revenue stabilization allowance accumulated at the time of the dismissal of the Defendant shall be KRW 8,673,885.

C. After the dismissal of the Defendant, there was a recovery amounting to KRW 7,082,446 out of the recruitment allowances due to the invalidation or cancellation of the insurance contract solicited by the Defendant.

2. Judgment on the parties' arguments

A. In addition to KRW 7,082,446, the Plaintiff’s cause of the Plaintiff’s claim, as well as KRW 7,082,446, the Defendant was dismissed on or around June 2009 only for 16 months following the Defendant’s re-commissioned as BM. Accordingly, the Plaintiff’s redemption amount was generated at KRW 13 million equivalent to 50% of the initial subsidization allowance in accordance with the Plaintiff’s allowance refund provision. due to the lapse of an insurance contract solicited by FC or SM at the place under the jurisdiction of the Defendant, the Defendant’s performance allowance of KRW 2,941,989 has occurred even in the Defendant’s performance allowance, and the total amount of KRW 18,024,435,432,446,2,941,989,89.

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