(영문) 서울중앙지방법원 2018.06.01 2017나68518

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(영문) 서울중앙지방법원 2018.06.01 2017나68518

수수료환수

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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. Facts of recognition;

A. A. Around August 5, 2009, the Plaintiff, a company running an insurance business, concluded a contract with the Defendant for commission of an insurance solicitor (hereinafter “instant contract”) under which the Plaintiff and the Defendant commission the Defendant for the conclusion of an insurance contract brokerage, maintenance and management of holding contracts, etc. and pay fees in accordance with the payment standards set forth in the insurance business guidelines.

B. Article 6(2) of the instant contract provides that “In the event the grounds for redemption provided for in the attached agreement on the criteria for the payment of fees attached to the company have occurred, the company may recover all or part of the fees already paid in accordance with the attached agreement on the criteria for the payment of fees.”

C. The instant contract was terminated on April 1, 2010. At the time of the termination of the contract, the amount to be returned by the Defendant to the Plaintiff due to the cancellation, invalidation, termination, etc. of the insurance contract, which is subject to the Plaintiff’s fee, is the sum of KRW 3,641,658 (1,813,163 + KRW 1,813,163 which was not settled at the time of dismissal due to a lack of fees, revenue stabilization account, etc.; + KRW 2,707,892 which was not settled but has been settled in the import stabilization account by applying mutatis mutandis the standards for settlement under the Plaintiff’s business guidelines to the advance support fee; KRW 2,00,000 which was not settled from the revenue stabilization account until July 1, 2018; + KRW 2,000,000 which was not settled, + KRW 86,29,239,339,37,39,379, and other amount previously collected by the Defendant’s account).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the Defendant’s additional payment from KRW 3,641,658 to the Plaintiff.

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