(영문) 서울중앙지방법원 2017.02.23 2016가단5052978

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(영문) 서울중앙지방법원 2017.02.23 2016가단5052978

환수수수료

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 2, 2011, the Plaintiff entered into a contract with the Defendant as an insurance solicitor (hereinafter “instant commission contract”) and the main contents of the contract related to the instant case are as follows.

Article 6 (Payment of Fees, etc.) (1) A company (referred to as "Plaintiff"; hereinafter the same shall apply) shall pay the fees of a designer within the fixed date pursuant to the "Standards for Payment of Fees within the Insurance Business Standards" (hereinafter referred to as "Standards for Payment of Fees") determined by the company.

Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by a designer is terminated due to the failure to cancel an application, or the validity of the insurance contract is terminated due to invalidation, invalidation, cancellation (including a violation of the obligation to deliver a copy of the terms and conditions and the written application, a violation of the obligation to explain the terms and conditions, a contractor's failure to affix his/her signature or seal, etc.), cancellation, etc., the company shall not pay fees, and

(2) Matters concerning the refund of other fees shall be governed by the standards for the payment of fees.

Article 10 (Prohibition of Unfair Conduct against Designer) A company shall not engage in any of the following unfair conduct to a designer:

6. Standards for paying fees to fully or partially recover fees already paid to a designer without justifiable grounds;

2.1 Where a contract for the recovery of fees for a new contract is not established due to the withdrawal of an application, or the whole or part of the premiums already paid are refunded to a contractor, etc. due to reasons such as invalidation, cancellation (defluence of the main sentence), cancellation, etc., the company shall recover the fees equivalent to the premiums already paid out of the fees already paid.

(b)The recovery of fees shall be recovered after deducting the amounts to be recovered from the commission and reserve funds to be paid in the month of recovery confirmation, and the unpaid balance, notwithstanding the deduction.

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