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(영문) 서울서부지방법원 2017.02.16 2015가단245667
수당금반환 등
Text

1. The Defendant shall pay to the Plaintiff KRW 26,626,906 and the interest rate of KRW 15% per annum from December 16, 2015 to the date of full payment.

Reasons

1. The following facts may be acknowledged in full view of the whole purport of the pleadings, either in the absence of dispute between the parties, or in the statements set forth in Gap evidence Nos. 1 to 6, and Eul evidence Nos. 1 to 5 (including paper numbers):

On November 4, 2014, the Plaintiff was an insurance agency company (hereinafter “Plaintiff”) and entered into a mutual agreement and profit-sharing contract (hereinafter “instant operating agreement”) with the company B (hereinafter “B”) and the company’s director and actual operator (hereinafter “B”) to the branch of the Plaintiff’s affiliated company (hereinafter “D”). The Plaintiff transferred the business division of B’s insurance agency to the branch of the Plaintiff’s affiliated company (hereinafter “D”), and the actual operation of B’s insurance agency is to be operated in the form of the business unit.

B. The Defendant was an insurance solicitor (FC) who was initially engaged in activities under B, but after the conclusion of the instant operational contract, the Defendant was dismissed on June 2015, when it had registered the insurance solicitor code with the Plaintiff Company, and performed duties such as brokerage of conclusion of insurance contracts, maintenance and management of insurance contracts, etc.

C. Article 6(5) of the instant operational contract provides that “The fee regulations for insurance solicitors belonging to D shall be governed by the provisions of the Plaintiff Company: Provided, That the fee regulations for insurance solicitors may be applied for a certain period of time.” Based on the foregoing proviso, the Plaintiff Company paid fees to the Defendant by applying B’s insurance business guidelines (i.e., insurance business guidelines applied by B to the Defendant before the conclusion of the instant operational contract; hereinafter “instant operating guidelines”).

Some of the insurance contracts recruited by the Defendant were invalidated or invalidated during the contract period, or terminated, and the sum of the fees to be recovered by the Defendant to the Plaintiff Company in accordance with the instant business guidelines is 26,626,906 won recovered from the Plaintiff Company and 4,518,690 won.

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