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(영문) 인천지방법원 2017.05.17 2016가단207392
부당이득금
Text

1. The Defendant’s KRW 937,500 as well as its annual rate from June 1, 2012 to May 17, 2017, and the next day.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that the Defendant arranged the instant insurance contract in accordance with the Plaintiff’s guidelines on the recovery of fees and received solicitation fees, etc. from the Plaintiff, an insurance agency of the Plaintiff, as an insurance solicitor, to enter into the instant insurance contract as indicated in the attached table between the Plaintiff and the customer. The Defendant erroneously explained to the customers the purpose of the instant insurance contract, which is a savings personal pension insurance for the accumulation of retirement allowances for the director of childcare centers, as a retirement pension insurance, or made an incomplete sale due to erroneous entry of the representative of childcare centers, etc., the Plaintiff was treated as invalid or terminated, and the Plaintiff fully returned the fees to the Plaintiff. Therefore, the Defendant also assumes the obligation to refund the Plaintiff fees paid to the Plaintiff pursuant to Article 4(1)4 of the Plaintiff’s guidelines on the recovery of fees, regardless of the time limit or time limit for payment, where the insurance solicitor terminates, terminates, terminates, or loses its validity or validity due to the customer’s civil petition filing.

B. Defendant’s assertion 1) The Plaintiff’s guidelines for the recovery of fees between the Plaintiff and the Defendant are not incorporated into the terms of the commissioning Agreement, and thus is not effective to the Defendant. 2) The provision that the Plaintiff’s guidelines for the recovery of fees should be terminated, terminated, invalidated, or invalidated due to customer’s civil petition filing without distinction between the time limit or time limit for the recovery of fees and the payment of fees is null and void pursuant to Article 6 of the Regulation of Standardized Contracts Act (hereinafter “Terms and Conditions Regulation Act”).

3) Article 85-3(1)7 of the Insurance Business Act includes an insurance company, etc. (including an insurance agency)

(e).

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