(영문) 서울중앙지방법원 2019.01.15 2017나86899

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(영문) 서울중앙지방법원 2019.01.15 2017나86899

환수금

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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. Basic facts

A. On April 1, 2013, the Plaintiff entered into a commission contract with the Defendant with the insurance company running the insurance business, and the Defendant was from around that time to September 2013 as the Plaintiff’s insurance solicitor.

B. The main contents of a commission contract made between the Plaintiff and the Defendant are as follows, while concluding the commission contract, the Plaintiff separately presented the payment criteria for the following contents to the Defendant. The Defendant directly signed the commission payment criteria under the following subparagraphs: “I consent to the commission of an insurance solicitor in relation to the status of the designer, the contents of the entrusted duties, the rights and obligations of both parties, etc., and the minimum criteria for the maintenance of the contract, such as the minimum criteria for the payment of fees and the conditions for advance payment in the insurance business guidelines, the criteria for collection of fees, the performance of the guarantee insurance policy (payment), etc., upon being given sufficient explanation and education from the officers and employees of the company, the branch offices, etc., and comply therewith.”

Article 4 (Entrusted Affairs) (1) Affairs entrusted by a company to a designer shall be as follows:

1. Mediation of conclusion of insurance contracts;

(1) A company shall pay the fees of a designer according to the standards for the payment of fees within the guidelines for insurance business determined by the company in accordance with the guidelines for the payment of fees.

The company shall allow the designer to peruse the standards for payment of fees on a regular basis through the internal computer network, etc.

(2) When concluding an entrustment contract, a company shall fully explain to the designer the terms and conditions of the relevant commission item, method of payment, standards for recovery, etc. and obtain consent from the designer.

3. Where this contract is terminated, the company shall not pay all the fees to the designer.

except where there is a separate provision in the criteria for the payment of fees.

Article 7 (1) A designer, such as refund of fees.

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