(영문) 수원지방법원 2018.05.03 2016나75326

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(영문) 수원지방법원 2018.05.03 2016나75326

부당이득금

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1. Of the judgment of the first instance, the part of the judgment against the Plaintiff ordering payment is revoked.

2. The defendant shall be the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, an insurance solicitor, served as the head of the Defendant’s B branch office operating the insurance agency business from June 2013 to March 2015. The Defendant’s fee payment rules and the subsidiary agreement on the fee payment criteria are as follows.

(1) The Defendant shall pay to the Plaintiff fees for the insurance contracts that the Plaintiff concluded as an insurance solicitor (hereinafter “contract fees”) and fees for the branch offices in relation to the insurance contracts that the Plaintiff concluded between the Plaintiff and the other insurance solicitors of the branch offices (hereinafter “B brokerage fees”).

Provided, That no fee shall be paid if dismissed or suspended as of the date of payment.

(2) If an insurance contract is not maintained during a certain period of time, the Plaintiff shall return the amount of recovery to the Defendant according to the rate of recovery of once discrimination. With respect to the contract fees, if an insurance contract becomes invalid and terminated within 13 times (damage Insurance) or 24 times (life insurance), the amount of recovery according to a certain ratio of the commission shall be refunded depending on each occasion, and in the case of the crowdfunding fee, the amount of recovery shall be refunded only when the insurance contract is not maintained up to 3 times.

B. In order to guarantee the Defendant’s obligation to recover money, the Plaintiff prepared and delivered to the Defendant a notarial deed of promissory notes with a face value of KRW 10 million on June 28, 2013, paid KRW 3 million deposit around July 2013, and deposited KRW 3,136,000 in total in the manner of deducting a certain amount from the fees received from the Defendant each month from March 2014 to March 2015.

C. Around March 2015, the Plaintiff retired from the Defendant Company, but failed to return KRW 182,729, and KRW 2,868,519, and KRW 282,364, which were incurred from February 2, 2015 to September 2015.

However, the defendant is above.

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