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Reasons
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(영문) 서울남부지방법원 2016.10.20 2016가단213866
부당이득금
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1. The Defendant’s KRW 86,975,641 as well as 5% per annum from February 25, 2015 to March 11, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 18, 2012, the Defendant concluded a contract with the Plaintiff Company for commission of insurance solicitors, and worked as the Plaintiff’s Field Speciist from June 2013, and worked as the first executive partner from July 2013.

B. The content of the Plaintiff Company’s PA channel fee provision (No. 2 evidence, “instant fee provision”) is as follows.

Article 6 (Standards for Calculation and Payment of DC) The calculation and payment criteria of DC shall be as follows:

5. Where a solicitation contract for cancellation, invalidation, cancellation, or cancellation of order is null, void, terminated, or cancelled (including cancellation of order), all fees, expenses, etc. related to DC, productivity releases, and DC paid in connection with the relevant contract shall be deducted or redeemed by reflecting such fees, expenses, etc.

The same applies even where the Agent is dismissed.

6. A non-maintenance contract company, such as invalidation and cancellation, may recover not only a recruitment fee, but also a fee already paid in relation to recovery performance, such as productivity collapse, high efficiency, new entry activity fee, etc., from the promotional purchaser for the risk of a cause for recovery due to a non-maintenance contract, such as invalidation and cancellation.

This shall also apply to related persons, as well as to Mangles.

Article 12 (Types of Fees for the PAs) ① Types of fees and support for the PAs are as follows:

3. Fees for new admission activities;

5. Fees for organizational expansion;

6. Productivity;

8. high efficiency fees 10. Activity fees. (2) The fees and support under paragraph 1 shall be paid in accordance with each of the criteria of the PA 1-12 in attached Table.

Article 14 (Types of FS Remuneration) (1) Types of fees and support for FS shall be as follows:

2. Nw Develop Management Fees [Attachment PA3] : Fees for Organizational Expansion [Attachment PA5] [Attachment PA6] [Attachment PA7] Eflive Deflives [Attachment PA 10] Work Fees [Attachment PA 11] Eflives Support Fees [Attachment PA 11] Nw Defl Management Fees

C. The defendant is recruited.

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