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(영문) 대구지방법원 2016.11.18 2015가단127299
청구이의
Text

1. Certificate No. 3365, 2013, drawn up by the Defendant’s notary public against the Plaintiff on December 30, 2013 by the law firm administration and the law firm administration.

Reasons

1. Basic facts

A. On December 2, 2013, the Plaintiff entered into a commission contract (hereinafter “instant commission contract”) with the Defendant (formerly: Global Deposit Korea Insurance Agency, Ltd.) on which the Defendant entrusted the Plaintiff with the brokerage of entering into an insurance contract, the maintenance of insurance contract, and the management of the insurance contract, etc., the Plaintiff, as an insurance solicitor, to perform the entrusted duties under the commission contract, and to receive the commission (hereinafter “instant commission contract”).

B. At the time of the instant commission contract, the Defendant paid or recovered fees as stipulated in the commission contract [Payment and Redemption of Chapter Three Fees] to the Plaintiff, and determined that the fees already paid should be refunded immediately upon occurrence of the cause for the collection of fees as stipulated in the commission contract (payment and redemption of fees). The Defendant paid or recovered fees to the Plaintiff as stipulated in the commission contract (payment and redemption of Chapter Three Fees) and the insurance contract solicited by the Plaintiff

(Article 7(1) and (3) of the contract and Article 4 of the defendant's Guidelines for Payment and Recovery of Fees provide that an insurance solicitor shall return without delay the fees in proportion to performance to the company when the contract is terminated, terminated, invalidated, or terminated due to the customer's civil petition filing of the contract regardless of the period or the difference of payment, and if the fees are not refunded, the company may first recover the unpaid fees from the fees paid to the insurance solicitor by deducting the unpaid fees from the fees paid to the insurance solicitor, and the company may take measures to recover the unpaid fees from the refund of the fees, the performance guarantee insurance, or the collection procedure and legal procedure.

C. Meanwhile, on December 30, 2013, the Plaintiff is below B branch office of the Defendant Company.

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