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(영문) 서울중앙지방법원 2019.10.18 2018나70532
수수료 환수금
Text

1. The judgment of the court of first instance is modified following the amendment of the claim in the trial. A.

The defendant shall make the plaintiff 3,762.

Reasons

1. Basic facts

A. The Plaintiff is a corporate insurance agency under the Insurance Business Act that sells, maintains and manages insurance contracts after being entrusted with soliciting insurance contracts by multiple insurance companies, and the Defendant is an insurance solicitor belonging to the Plaintiff from September 3, 2014 to June 23, 2015.

Article 7 (Insurance Solicitation Fees)

1. Upon entering into a commissioning contract, the Company shall fully explain to the designer the rules of the Company related to the commission (as the rules on the constituent elements, calculation method, specific payment method, etc. of the commission) and the designer shall substitute for signing this contract.

2. The Company shall fix the date on which the commission shall be paid to the designer and pay the fee within the fixed date.

3. A company may change the criteria for the payment of fees with the consent of the designer.

However, if the designer does not expressly state his/her intention to consent within one month from the date of notification even though the company notifies the designer of the details of the change in the fee payment criteria.

4. A designer shall provide security above the standard prescribed by the company in order to receive fees prepaid by the company.

O Article 9 (Rules on Recovery of Fees)

1. In the event of advance payment due to the cancellation, cancellation, invalidation, liability compensation, etc. of a commissioning person and the recovery of related fees, all or part of the fees paid under the relevant agreement shall be recovered from the fees to be paid on the basis of the month of occurrence.

If the amount of fees falls short of the fees to be paid, the company may claim and recover from the guaranteed insurance or the guarantor at an appropriate point of time, and the company shall exercise the right of indemnity.

2.Advance payments and relevant fees due to the invalidation, cancellation, invalidation, liability compensation, etc. of a person who has been dismissed.

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