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(영문) 서울남부지방법원 2017.05.19 2016나62007
수당반환
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

1. Basic facts

A. On December 5, 2012, the Defendant concluded a commissioning contract with the Plaintiff for the entrustment of insurance solicitation, and was an insurance solicitor who was engaged in the business of mediating the conclusion of an insurance contract, etc.

B. According to the “APP (AP) Support Certificate for Policy Costs” signed by the Defendant on November 12, 2012 (AP) (AP) (AP), it was stipulated that the person subject to the policy would return 100% of the already paid policy costs when he/she was dismissed within the 13th month period, and return 50% of the already paid policy costs when he/she was dismissed within the 25th month.

The base period for the payment of the MaDTR PA 24 million TNP 24 million or more per month, and the monthly subsidy of at least 8 million won per month (total 48 million won) shall be 6 million won per month (total 36 million won) for the six months immediately preceding the previous company (total 50 million won) for the 6-month salary (total 50 million won) for the 1-6th month (the payment period shall be 2-7th month that is commissioned to complete a monthly assessment).

C. Since the Defendant entered five career insurance solicitors as the Plaintiff, it constitutes “other SM” in the category of policy expenses, and accordingly, the Plaintiff constitutes the Defendant from January 30, 2013 to the same year.

6. up to six times until 21.21. APGP (AP) total of KRW 38,318,000 has been paid as a nominal allowance for policies of the superior PA (insurance Solicitors).

However, the defendant terminated the commission contract around September 15, 2014, which was not more than 25th months after being paid such policy expenses as above.

E. On February 4, 2015, the Plaintiff sent a content-certified mail to the effect that: (a) payment of KRW 19,159,000 to February 24, 2015 was made on the grounds that a reason for the recovery of policy expenditure occurred after the Plaintiff was dismissed to the Defendant within the period of 25 months from the commission of the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The plaintiff's defendant was paid the policy cost.

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