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(영문) 서울고등법원 2018.01.26 2016나2042174
환수금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On July 1, 2010, the Defendant entered into a contract with the Plaintiff for commission of life insurance designer (hereinafter “instant commission contract”) and was dismissed as a designer on April 28, 2014.

B. As to the insurance contract that the Defendant recruited as a designer, the Plaintiff paid to the Defendant allowances as stipulated in the instant commission contract. The main contents of the instant commission contract and the Plaintiff’s guidance on the payment of allowances are as follows.

Article 6 (Insurance Solicitation Fee) (1) Upon entering into a commissioning Contract, the Company shall sufficiently explain to the designer the provisions of the Company related to the commission (as a provision on the composition items, calculation method, specific payment method, etc. of the commission, which shall be specified in the main text of the commission contract or the documents attached thereto; hereinafter referred to as "payment criteria") and obtain the consent of the designer.

(2) A company shall determine the payment date of fees to be paid to a designer and pay fees according to the payment standards within a fixed period.

(6) Where insurance premiums are not paid but are not maintained due to invalidation, cancellation, etc., a company shall recover the allowances paid at the time of a new contract for a period not exceeding two years, and where an invalidation contract occurs due to termination (including invalidation and cancellation), the company shall recover the total allowances paid at the time of the new contract.

[FC Allowance Payment Guidelines] The kinds of allowances paid to FC of Article 2 are as follows:

(1) A recruitment allowance. (2) A recruitment allowance. (3) A contract service allowance. (5) A contract allowance shall be recovered from the FC which received the relevant recruitment allowance.

Amount to be recovered (m: the number of months in which premiums are paid).

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