(영문) 서울중앙지방법원 2017.07.27 2017나8905

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(영문) 서울중앙지방법원 2017.07.27 2017나8905

수수료환수

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that runs the life insurance business, etc., and the Defendant, from October 21, 2009 to November 1, 2010, performed the business of soliciting insurance, etc. for the Plaintiff according to the commission contract with the Plaintiff (hereinafter “instant contract”).

B. The instant contract is concluded by the Defendant to act as a broker for the conclusion of an insurance contract with respect to the Plaintiff’s insurance products and as a result, to collect fees from the Plaintiff. Article 6 of the instant contract provides that the Plaintiff shall pay fees to the Defendant within the fixed date pursuant to the Standards for Payment of Fees within the Insurance Business Guidelines (Paragraph 1), and where a cause for redemption prescribed in the Annex Agreement on the Standards for Payment of Fees has occurred, the Defendant may recover all and part of the fees already paid from the Defendant pursuant to the Annex Agreement.

(2) The provisions of subsection (2) are specified.

C. According to the instant contract and the attached agreement, “cancellation/return, cancellation of quality guarantee, invalidation, replacement contract, product exchange, failure to maintain the contract within 12 times, modification of the contract, and cancellation of deposit” due to the grounds for the redemption of fees for a new contract. The Defendant was aware at the time of entering into the instant contract, and confirmed that he consented thereto.

On the other hand, some of the insurance contracts collected by the Defendant under the instant contract was terminated due to the cancellation, cancellation, cancellation, etc. of the contract, which led to a cause to recover new contract fees, and the sum of the amount to be recovered is 4,989,325 won [=1,713,909 won (the amount to be recovered due to termination of contract) 3,275,416 won (the amount to be recovered due to reasons other than termination of contract).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 and 7, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Partial invalidation of the insurance contract recruited by the Defendant.

유사 판례

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-서울중앙지방법원 2015.03.25 2014나9969

-서울서부지방법원 2017.07.13 2016나3472