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(영문) 서울중앙지방법원 2021.02.18 2019가단5303103
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 57,685,366 and the interest rate of KRW 12% per annum from November 16, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is an insurance company that runs the insurance business, etc., and the Defendant is an insurance solicitor who worked at the Plaintiff’s C branch.

B. Around May 2010, the Defendant entered into a commissioning contract with the Plaintiff on the following terms: (a) between May 2010 and May 2010, the Defendant entered into a commissioning contract with the terms that the Defendant would arrange for entering into an insurance contract with respect to the Plaintiff’s insurance products and to maintain and manage the holding contract, and in return, receive fees from the Plaintiff in accordance with the criteria for the payment of fees under the Insurance Business Guidelines (hereinafter “instant commissioning contract”); and (b) the details of the terms of the fee restitution (hereinafter “the instant restitution provision”) regarding the fee restitution standard are as follows

The collection of fees for a contract to be withdrawn, returned, or terminated after the formation of the contract: The contract to which the already paid insurance premium was paid to the contractor for reasons such as withdrawal of subscription, return, termination, etc. after the formation of the contract, shall be based on the amount calculated by deducting the previous accounts, and the amount equivalent to the already paid insurance fee, shall be recovered 2) The Defendant, at the time of entering into the commission contract of this case, shall explain the following matters in accordance with the criteria for recovery of fees and the written consent

1. The criteria for the recovery of fees (1) The criteria for the completion of a company’s designer’s completion of its design certificate is the criteria for the advance payment, and in the following cases the company may recover fees in accordance with the criteria for the recovery of fees by the company

- Where a new contract entered into by a designer is not deposited on account of the cancellation, termination, termination, etc. of a new contract, the company may recover the insurance premium first from the completion of the various completions paid on the following month of the redemption order, and carry it over, if any, in accordance with the above sub-paragraph 1.

(3)

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