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(영문) 서울중앙지방법원 2019.01.15 2018나51241
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

1..

Reasons

1. Basic facts

A. The Plaintiff concluded a commission contract with the Defendant around 2008 with a company running the insurance business, and the Defendant was an insurance solicitor of the Plaintiff from May 9, 2008.

B. On October 17, 2012, the Plaintiff entered into a new commission contract with the Defendant, setting forth the criteria for the refund of fees as set forth in Article 7 of the commission contract, and further, set forth the criteria for the payment of fees as set forth below in the lower part of the above commission payment criteria, and the Defendant directly signed the part below the part that “I consent to the commission of insurance solicitors, by being given sufficient explanation and education from officers, employees, and the heads of branches, etc. of the companies regarding the main contents of the contract, such as the status of the designer, the contents of the entrusted duties, the rights and obligations of both parties, etc., and the minimum criteria for the maintenance of the commission contract, the criteria for the payment of fees and conditions for advance payment in the insurance business guidelines, the criteria for collection of fees, and the implementation of the guarantee insurance policy.”

Article 5 of the commission contract (hereinafter referred to as the “instant commission contract”) (1) The company shall pay the designer fee within the fixed date in accordance with the criteria for the payment of fees within the insurance business guidelines set by the company.

The company shall allow the designer to peruse the standards for payment of fees on a regular basis through the internal computer network, etc.

(2) When concluding an entrustment contract, a company shall fully explain to the designer the terms and conditions of the relevant commission item, method of payment, standards for recovery, etc. and obtain consent from the designer.

3. Where this contract is terminated, the company shall not pay all the fees to the designer.

except where there is a separate provision in the criteria for the payment of fees.

Article 7 (1) A contractor shall be subject to the contract, such as the refund of fees, and the invalidation and cancellation thereof under the terms and conditions of goods and laws.

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