(영문) 서울중앙지방법원 2016.02.04 2014가합569795

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(영문) 서울중앙지방법원 2016.02.04 2014가합569795

수수료반환

Text

1. The Plaintiff:

A. Defendant A’s KRW 80,869,442 as well as 5% per annum from November 18, 2014 to October 22, 2015.

Reasons

1. Facts of recognition;

A. On April 1, 2013, the Plaintiff entered into a contract with Defendant A, Defendant B and C on June 3, 2013, and Defendant D on October 10, 2013, under which the Plaintiff entrusted the Defendants with incidental business, etc. for the brokerage of the conclusion of the insurance contract, the maintenance of the holding contract, and the management of the said contract (hereinafter “FC”).

The provisions related to the recovery of fees under the instant commissioning contract are as follows.

Article 6 (Payment, etc. of Fees) (1) Upon the conclusion of this Agreement, the Company shall provide FC with the “Provisions of the Company related to the Fees” (hereinafter referred to as the “Commission Payment Guidelines”) to the FC after clearly stating in the main text of the Commission Agreement or the documents attached thereto, and shall obtain the FC’s consent.

[Attachment 2] Guidelines for Payment of Fees

2. Standards for calculation of various fees;

(b) The payment of fees after one month or after the dismissal shall be governed by separate provisions in the case of dismissal.

4. Redemption of fees;

(a) recover the results and fees for failure to maintain the 18th period due to early loss, termination, etc.;

(b) recover the results and fees upon the early termination of the lump-sum payment;

(c) Where a company returns the fixed-term payment premium to a contractor or compensates the amount equivalent thereto due to cancellation of order, return, termination of quality guarantee, general termination (violation, etc. of duty of notification), invalidation, cancellation, civil petition termination, etc. after termination of a new contract, the company shall no longer pay fees related to the relevant contract, and the FC shall return the full amount of the fees for the relevant contract.

The above content is a summary of the Guidelines for Payment of Fees, and detailed contents must be confirmed through the Guidelines for Payment of Fees.

B. Of the Plaintiff’s guidelines for the payment of fees in 2013, the part relating to the instant case is as follows.

Part I of the Guidelines for the Payment of Fees, 2013.

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