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(영문) 부산지방법원 2017.02.15 2016가단10625
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 25, 2012, the Plaintiff, upon entering into an insurance solicitor commission contract with the Defendant, paid fees according to the commission payment criteria set by the Defendant with respect to the insurance products sold by the Plaintiff, and agreed to recover fees already paid in accordance with the commission contract and the insurance business guidelines set by the Defendant, in cases where the grounds for recovery occur, such as the invalidation and termination of the insurance contract, etc.

Part I Chapter 2

9. Restitution premium;

(a)Recovery premium means return, cancellation and termination of an insurance contract (quality assurance, breach of disclosure obligation, civil petition, etc.) and the conversion of premiums arising from invalid contracts;

B. (A) 100% of the mechanical conversion PP at the time of occurrence of the cause of paragraph (1) (hereinafter “settlement P”) 10. Settlement insurance premium (hereinafter “settlement P”) x (total sum of monthly conversion P - conversion of withdrawal of subscription after termination) x settlement maintenance rate of 2-13 times per month - redemption insurance premium 13. incomplete sales

(c) Indirect cost recovery on the termination of an incomplete sale (1): Quality guarantee, termination of civil petition, termination of order after termination, and withdrawal of order after termination. (2) Amount of recovery: 3,000 won per case.

B. From May 25, 2012 to August 30, 2013, the Plaintiff recruited the insured and received the commission from the Defendant. Since then, there was a cause to recover the commission for some insurance contracts recruited by the Plaintiffs, such as cancellation and invalidation.

C. As above, the Plaintiff’s fee to be refunded to the Defendant is KRW 19,215,875 (i.e., calculation of the collection of the fee for evidence No. 3).

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 5, purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff’s fee out of the insurance contracts solicited by the Plaintiff in accordance with the commission contract and insurance business guidelines concluded with the Defendant.

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