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(영문) 서울중앙지방법원 2018.02.09 2017가단32372
수수료반환
Text

1. The plaintiff's claims against the defendant (appointed party) and the Appointed B are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

The plaintiff, while serving as an insurance solicitor at the plaintiff's insurance agency, received fees from the defendant (appointed party, hereinafter "the defendant") and the selectioner's account in his/her name. Since the defendant and the selectioner agreed not only to receive fees from their own account but also to return fees to the plaintiff when the grounds for the return of fees arise, the defendant and the selectioner have the obligation to pay the plaintiff the money stated in the purport of the claim, which is equivalent to the fees for which the duty to return was incurred due to the lapse of the insurance subscribed by C among the insurance subscribed by C, but it is insufficient to recognize that the defendant and the selectioner had the obligation to return the fees received by C only with the evidence submitted by the plaintiff. Therefore, the plaintiff's assertion is without merit.

If so, the plaintiff's claim against the defendant and the designated person is without merit and all of them are dismissed.

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