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(영문) 서울중앙지방법원 2016.11.30 2015가합516606
수수료 지급 등 청구의 소
Text

1. The Defendant’s KRW 171,420,222 among the Plaintiff and KRW 145,03,813 among the Plaintiff, shall be KRW 26,386,409.

Reasons

1. Basic facts (the constituent items and calculation of the commission);

1. The organization of a fee for linkage with new contracts under a new contract per month as compensation for the FC business activities and a fee for the maintenance and management of contracts;

4. Cancellation of a contract and all or part of the fees already paid at the time of occurrence of a cause for recovery of fees for non-maintenance, etc. within 12 times [Recovery of fees] The fees for new contract linkage and fees for maintenance and management of a contract shall be fully or partially redeemed with the fees paid on the assumption that the contract is maintained and managed for a certain period of time;

1. Grounds for recovery: The grounds for recovery, such as the withdrawal of fees, withdrawal of subscription, return, warranty, termination, invalidation, substitute contract, maintenance at 12 times (a termination, invalidation, reduction, etc.), modification of a contract, exchange of goods, and cancellation of payment arising from the relevant contract at the time of any of the following grounds for recovery, shall remain effective even after the contract becomes invalid:

2. Redemption rate 1) Redemption rate 1) Redemption rate 10% of the fees payable at the time of occurrence of the cause of the contract, such as cancellation of order, quality guarantee, termination, substitute contract, exchange of goods, etc. 2) Redemption rate 100% of the fees payable at the time of occurrence of the occurrence of the cause of the contract, such as cancellation, cancellation, reduction, modification of the contract, etc.;

A. On September 9, 2009, the Plaintiff entered into a contract for commission of insurance solicitors (hereinafter “instant commission contract”) with the Defendant running the insurance business, and the subsidiary agreement on the payment criteria of fees (hereinafter “instant restitution agreement”) with each of the following contents.

B. Through the Plaintiff’s brokerage, the Defendant concluded 16 insurance contracts as shown in the attached Table 1 from July 9, 2010 to August 15, 2012.

(hereinafter “each insurance contract of this case” is referred to as “each insurance contract of this case, and individual insurance is referred to as the sequence of each insurance).

From March 2014, the policyholders of each of the instant insurance contracts filed a civil petition with the Defendant that there is a defect in the process of concluding the contract.

The defendant accepted these complaints and accepted them to policyholders.

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