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(영문) 서울중앙지방법원 2019.02.26 2018가단46576
부당이득금 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 59,365,527 and the interest rate of KRW 15% per annum from August 15, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff establishes more than 460 branches nationwide and is an insurance agency business. The defendant is a company registered as an insurance solicitor of the plaintiff's branch located in Gunsan-si.

B. On September 17, 2014, the Defendant entered into a commission agreement with the Plaintiff (hereinafter “instant commission agreement”) with the following terms and conditions (hereinafter “FP”). At the time, the Defendant entered into a commission agreement with the Plaintiff (hereinafter “instant commission agreement”). At the time, the Defendant entered into a letter of confirmation on the FP commission agreement, an accompanying agreement on the fee payment criteria, a full sale, an insurance statute and a solicitation order, and a written confirmation on the payment of commission.

Article 4 (Entrusted Business) (1) Company (referring to the Plaintiff; hereinafter the same shall apply) shall entrust the following business affairs to the FP, and the FP shall perform the entrusted business affairs in accordance with the principles of good faith in order to comply with the relevant laws, regulations, and internal regulations:

1. All affairs related to new contracts, such as brokerage of conclusion of insurance contracts, receipt of subscription forms and computerized inputs (excluding affairs related to acceptance of subscription);

2. Article 6 (Payment of Commissions) (1) A company shall pay to the FP fees calculated on the basis of the FP's business performance, efficiency, and other sexual standards determined by the company in return for performing entrusted duties of the FP;

(2) A company shall determine specific matters concerning the payment of various fees, such as the items of various fees, requirements for payment by item, methods of calculation, results, efficiency, etc., detailed methods of calculation of the amount of payment, date of payment, etc., and the FP shall comply with the rules on fees and standards for payment determined by the company.

The Company shall fully explain the conclusion of this contract and obtain the consent of the FP.

(A) section 7(b) The Company shall pay in advance all the fees relating to the insurance contracts solicited by the FP to the FP.

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