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(영문) 부산지방법원 2020.03.26 2019나53037
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by a designer fails to be cancelled due to the cancellation of an application, or the effect of an insurance contract is terminated due to such reasons as invalidation, cancellation, cancellation, etc., the company shall not pay fees, and the designer shall refund all or part of the fees paid by the relevant contract to the company as stipulated

(2) Matters concerning the refund of other fees shall be governed by the standards for the payment of fees.

The payment standard of fees (in the 4th page of the commission contract) is to be made in advance on the condition that the premium is paid normally at least 18 times, and the payment rate shall be applied differently depending on the scale of the beginning of the effective month of the new contract for each designer.

Minimum standards for maintaining the qualification of a designer: The standards for the payment of FP commission shall not be for three consecutive months.

3. Detailed standards for payment of fees for expenses incurred in relation to performance (3) Redemption of unused fees under the relevant contract when it is not maintained due to invalidation, termination, etc. not more than 18 times 】 Amounts recovered 】 Payment of fees for expenses incurred in relation to performance 】 (18 months - the number of months paid) 】 [18];

A. On March 3, 2016, the Defendant entered into a commission contract with B Co., Ltd. (hereinafter “B”) to commission the Defendant as an insurance solicitor of B (hereinafter “instant commission contract”), and consented to the purchase of performance guarantee insurance to secure the obligation to return fees arising from the termination of the commission contract.

The main contents of the instant commissioning contract (including the criteria for payment of fees under Article 7 (2) of the contract) are as follows.

B. On March 5, 2016, the Plaintiff is the insured, the insurance amount of KRW 10,000,000, and the insurance period from March 5, 2016 to March 4, 2018, and is a performance guarantee insurance contract (payment) that guarantees the Defendant’s obligation to pay fees to B (payment).

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