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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2018.11.07 2018나13942
수수료 환수
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On March 16, 2017, the Plaintiff entered into a contract with the Defendant for the commission of insurance solicitors (hereinafter “instant contract”). According to the instant contract, the Plaintiff is required to appoint the Defendant as an insurance solicitor belonging to the Plaintiff, and pay fees to the Defendant in accordance with the criteria for the payment of various allowances separately determined by the Plaintiff in return for mediating the conclusion of the insurance contract and performing the business incidental thereto.

(Article 6(1)(b) of the instant contract

Around April 19, 2017, the Defendant prepared and submitted to the Plaintiff a FC Fee Payment Criteria and a written confirmation for recovery (hereinafter “instant confirmation”). The details of the instant confirmation are as follows.

(C) The term "swelves" means the parts written by the defendant. The above person has received sufficient explanation from earer about the criteria for the payment and recovery of fees in accordance with the criteria for the payment of fees for the independent team, and accordingly agrees without any objection to the application of the criteria for the payment of fees.

On the other hand, in the case of a settlement allowance (settlement subsidy) received from the company in addition to the criteria for the payment of fees, I agree to recover the subsidized amount in the case of falling under the criteria for recovery set forth below, and confirm that no objection is raised.

1. Where a withdrawal is made within 100% of the amount of allowances received (the working conditions until the date of the payment of the allowance until the date of the 13th month of the 13th month of the collection base) within the period of 25th month of the O commission month, if the amount of allowances received is withdrawn within the period of 50% (the working conditions until the date of the 25th month of the payment of the allowance) as of the 37th month of the commission month of theO, the amount of allowances received shall be recovered by 25% (the working conditions until the date of the 37th month of the payment of the allowance) if the amount of allowances received falls short of the 1 to the 1st month of

2. A subsidy item for recovery - A subsidy for settlement of payments - A subsidy for the first month of commission - Criteria for payment: the immediately preceding year.

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