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(영문) 서울중앙지방법원 2017.08.23 2016가단153203
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,198,220 as well as 15% per annum from June 9, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiff establishes more than 380 branches nationwide and aims at insurance agency business, etc. The defendant is a company registered as an insurance solicitor of the Gimhae branch located in Kimhae-si.

B. Around July 2015, the Defendant entered into a commission agreement with the Plaintiff (hereinafter “instant commission agreement”) with the following content (hereinafter “FP”). At the time, the Defendant signed and sealed the commission agreement, an attached agreement on the commission payment criteria, a full sale, a written pledge to comply with the insurance regulations and solicitation order, a written confirmation on the payment of fees, etc., respectively.

Article 3 (Entrusted Business) (1) Company (referring to the Plaintiff; hereinafter the same shall apply) shall entrust the following business affairs to the FP, and the FP shall perform the entrusted business affairs in accordance with the principles of good faith in order to comply with the relevant laws, regulations, and internal regulations:

1. All affairs related to new contracts, such as brokerage of conclusion of insurance contracts, receipt of subscription forms and computerized inputs (excluding affairs related to acceptance of subscription);

2. Article 6 (Payment of Commissions) (1) A company shall pay to the FP fees calculated on the basis of the FP's business performance, efficiency, and other sexual standards determined by the company in return for performing entrusted duties of the FP;

(2) A company shall determine specific matters concerning the payment of various fees, such as the items of various fees, requirements for payment by item, methods of calculation, results, efficiency, etc., detailed methods of calculation of the amount of payment, date of payment, etc., and the FP shall comply with the rules on fees and standards for payment determined by the company.

The Company shall fully explain the conclusion of this contract and obtain the consent of the FP.

(b) Article 7 (Refund of Fees) ① Liability for insurance contracts solicited by the FP;

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