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(영문) 서울중앙지방법원 2016.05.18 2014가단5084902
수수료환수금 청구의 소
Text

1. The Defendant’s KRW 28,661,536 as well as the Plaintiff’s KRW 20% per annum from April 15, 2014 to September 30, 2015.

Reasons

1. Facts of recognition;

A. A. On September 8, 2009, the Defendant entered into a contract with the Plaintiff for commission of insurance solicitors (hereinafter “instant commission contract”). On consignment from the Plaintiff, the Defendant was dismissed from the insurance solicitor on December 1, 201, when performing the Plaintiff’s duty of mediating the conclusion of insurance contracts at the headquarters B of Honam Project Headquarters B.

B. The plaintiff and the defendant agreed on the payment of fees and the collection of fees for the insurance contract arranged by the defendant in the commissioning contract of this case.

Details are as follows:

1) Article 6(1) of the contract for commission of an insurance solicitor: The company shall pay the designer’s fees within the fixed period in accordance with the criteria for the payment of fees within the insurance business guidelines determined by the company (hereinafter “standards for the payment of fees”).

B) Proportional fees for the payment of fees: (i) fees paid at a fixed rate compared to the recruitment performance on a monthly basis as compensation based on the recruitment performance of a new contract; and fees paid by a customer at a fixed rate compared to the maintenance performance at the time of the continuous payment of premiums (the management of receipts corresponding to two times or twenty-four times of a contract) as compensation under the maintenance and management of the collected contracts. (ii) The advance payment of fees for the maintenance and management of a contract shall be made on a monthly basis on the condition that the contract is maintained for a certain period and the normal payment of premiums is made in order to promote the activities of a designer. In the case of a new commission designer, the payment of fees for the recruitment shall be made in consideration of the recruitment performance for a limited period of time to prevent the decline of activities due to the weakness of the initial commission, and to promote the activities. The recovery of fees for the performance bonus to a person who has achieved at least the minimum standards of performance performance shall be made discriminatory depending on the relevant performance: Article 7(1) of the contract for the appointment of an insurance solicitor.

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