logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.20 2015나56573
구상금
Text

1. The defendant's appeal is dismissed.

2. The appeal cost (including the cost of intervention) shall be borne by the Defendant.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Defendant is the Intervenor joining the Plaintiff (hereinafter “ Intervenor”) around September 2012.

() Upon receiving education from insurance solicitors on the registration of insurance solicitors, the Intervenor was commissioned as insurance solicitors of October 2, 2012. According to the above commissioning contract, the Intervenor’s guidelines for the payment of fees to the Defendant according to the insurance solicitation performance, etc. (hereinafter “instant guidelines”).

(2) On September 25, 2012, the Defendant concluded a guarantee insurance contract for payment of all kinds of subsidies (including settlement allowances) to the Intervenor (hereinafter “instant insurance contract”). According to the instant insurance contract, the Defendant paid the amount of insurance proceeds to the Intervenor, the Intervenor, the amount of insurance coverage, the insurance period of three million won from October 2, 2012 to October 31, 2013, and the performance (including settlement allowances) with the payment guarantee of all kinds of subsidies (including settlement allowances) to the Intervenor (hereinafter “instant insurance contract”). Under the instant insurance contract, the Defendant paid the Plaintiff to the Intervenor as the result of the Defendant’s failure to perform the above obligation to the Intervenor for a certain period of time. However, the Defendant paid the amount of insurance proceeds to the Intervenor by adding the rate of delay damages to the Plaintiff’s announcement (6% per annum) from the day following the date of payment of insurance proceeds to the date of payment of the insurance proceeds.

(3) On November 30, 2012, the Defendant was dismissed from the Intervenor on or around November 30, 2012. The Intervenor’s total sum of fees to be recovered from the Defendant pursuant to the instant guidelines was KRW 2,728,975. 4) As the Intervenor did not refund the said fees, the Intervenor filed a claim for insurance proceeds under the instant insurance contract against the Plaintiff on April 10, 2014, and the Plaintiff paid KRW 2,728,975 to the Intervenor on December 30, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1, and

arrow