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(영문) 서울중앙지방법원 2018.12.18 2018가단5082973
수수료반환
Text

1. The Defendant shall pay to the Plaintiff KRW 57,085,390 and the interest rate of KRW 15% per annum from March 16, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. On June 3, 2016, the Plaintiff entered into an entrustment contract with the Defendant as an insurance solicitor (FP, Fincian Pluth) of the Plaintiff (hereinafter “instant commissioning contract”) and entered into an agreement with the Defendant for excellent career M guarantee subsidies.

B. The criteria for the payment and redemption of fees within the business guidelines of the Plaintiff Company and the criteria for the redemption of the guaranteed subsidy under the outstanding SM Guarantee Agreement are as follows.

Standard for the payment and redemption of fees.

2. A contract for return or termination.

(a) The subject contract: A contract under which the insurance premium has been paid to the contractor upon return or termination after termination (unapplicable to the contract for which the refund for termination has been paid) - Return: Return of cancellation of order, return at sea, rejection, return - return: Quality guarantee, termination of civil petition, termination of accident, termination of accident, and termination of legality;

(b) Measures: Return of fees for recruitment and contract management fees that have arisen as a result of the relevant contract and for recovering fees; / Refund of fees for conversion of terminated contracts: Full recovery of fees for the term payment incurred from the relevant contract;

6. Unsound business contract; and

(a) Concept: New contracts concluded for the same contractor within three months before or after the cancellation of order, the cancellation of quality guarantee, and the termination of civil petition;

(d) 50 per cent reduction of subscription fees and 50 per cent reduction of subscription and contract management fees and redemption of 50 per cent of the amount of previous payments in the contract for termination of application results and reduction of fees and new contracts;

(c) Amount to be recovered under a non-maintenance contract: 50% guarantee fees shall be recovered at the time of dismissal or dismissal of SM within 12 months after the expiration of the guarantee period of 100% guarantee fees from the date of termination of the guarantee period of 12 months from the date of entrustment.

C. On August 11, 2016, the Defendant prepared a written agreement on the excellent career SM Guarantee Support Fund (Article 2).

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