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(영문) 서울서부지방법원 2017.10.26 2017나36370
환수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. Fact-finding 1) The Plaintiff, an insurance company, (a) entered into a contract with the Defendant for commission of the insurance solicitor on April 20, 2010, and the Plaintiff, a life insurance company (a mutual savings and life insurance company prior to the change), “the payment criteria for fees within the business regulations” (hereinafter “instant payment criteria”).

(2) The Defendant was dismissed on March 10, 2011, and the contract was not maintained due to the cancellation, invalidation, cancellation, termination, invalidation, etc. of an insurance contract, and the amount of the insurance contract collected during the period of service, and the amount remaining after the Defendant was to return according to the instant payment standard is KRW 7,294,260 (the amount of the insurance contract collected during the commission period minus KRW 3,861,648, which the Defendant was to receive from the Plaintiff).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including branch numbers, if any), the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 7,294,260 of the collection amount of this case and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 1, 2016 to the date of full payment, as the Plaintiff seeks.

Although the Defendant asserts that the amount to be recovered in this case was excessively appropriated, according to each of the statements and arguments in Gap's evidence Nos. 3, 5, 7, and 9, it appears that the amount to be recovered in this case was calculated in accordance with the payment standards in this case, and no other circumstance exists to deem that the method of calculation was erroneous or excessive, and the defendant also raises an objection against the amount to be recovered in this case.

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