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(영문) 서울중앙지방법원 2015.04.22 2014가단222105
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 73,087,258 and the interest rate of KRW 20% per annum from September 23, 2014 to the day of full payment.

Reasons

1. From April 23, 2012 to May 29, 2014, the Defendant was commissioned as the Plaintiff’s insurance solicitor and served as the Plaintiff. The Plaintiff agreed to receive full or partial refund according to the pre-determined conditions, such as the commission period, the maintenance rate of the insurance contract, and the fulfillment of the standard performance, upon commissioning the Defendant as an insurance solicitor.

The amount to be returned by the Plaintiff pursuant to the performance-based rate agreement between the Defendant as above shall be KRW 74,187,516 as follows:

21,739,320 won for the year 25,328,00 won for the year 35,328,00 won for the year 6,521,796 won for the year 6,521,598,400 won for 17,120,196 won for 30% for the year 30% for the year 6,521,796 won for the year 10,598,400 won for 17,120,196 won for the year 28,261,116 won for the year 45,926,40 won for the year 74,187,516 [Evidence 1 through 3] of the completion of the settlement of accounts for the year 2

2. The Defendant did not have any explanation as to the specific contents of the above conditions of return of performance rates, and simply ordering the return of a certain percentage of performance rates on the ground that the period of commission is less than three years is unfair contracts to the effect that it is null and void. However, in light of the circumstances leading up to the appointment of an insurance solicitor as to the Defendant, etc. as indicated in the overall purport of the evidence and pleadings as above and the content of the instant contract, the above conditions of return of performance rates are recognized as having been agreed upon through individual negotiations and agreements with the Plaintiff and the Defendant, and it is difficult

3. If so, the defendant is liable to pay to the plaintiff 73,087,258 won calculated by deducting 1,100,258 won from the above performance-based bonus refund amounting to 74,187,516 won, and 20% interest per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from September 23, 2014 to the day of full payment, as the plaintiff's claim, it is so decided as per Disposition.

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