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(영문) 인천지방법원 2016.12.02 2015나6180
수당환수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

(b)be relieved of the payment of all commissions relating to insurance contracts;

(2) Where a company loses its effect after it pre-paids all the fees related to an insurance contract recruited by an agency to the agency, and then processes the relevant insurance contract, such as compensation for responsibility, the agency shall without delay refund the fees for the period during which it loses its effect (hereinafter referred to as "repaid fees").

Where an agency fails to refund a fee to the agency, the company may deduct the agency from the fees to be paid, the amount of other debts, the agency's business guarantee money, the performance guarantee bond for the repayment of fees, etc.

(3) Detailed matters concerning the refund of other fees shall be governed by the Act on the Criteria for Payment of Commissions separately determined by the Company.

C. The contract between the plaintiff and the defendant and the commission contract between the plaintiff and the plaintiff 1. The members of us are subject to the registration of us (* the following paragraphs 1 and 2, the title of O in the relevant qualification)

1. The brokerage and conclusion of life insurance contracts as an agent for life insurance;

2. Brokerage and conclusion of insurance contracts by a registered company as solicitation employees;

(a) Performance of the maintenance insurance premiums received under the contracts of related companies determined by the company, and affairs incidental thereto;

(b)to pay to the related company immediately after the receipt of the premiums dealt with under the preceding paragraph with the prescribed receipts of the related company.

2. The company shall pay expenses and allowances required for the brokerage of conclusion of insurance contracts and the collection of premiums pursuant to the provisions of the company.

Provided, That where a commission contract is terminated, all expenses and allowances shall not be paid.

1) On March 4, 2011, the Plaintiff entered into a commissioning contract with the Defendant with the terms of commissioning the Defendant as an insurance solicitor of the Plaintiff (hereinafter “instant commissioning contract”) as follows.

(2) The Plaintiff, including the Defendant, entered into a contract.

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