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(영문) 대구지방법원포항지원 2015.01.29 2014가단4680
청구이의
Text

1. The defendant's notary public against the plaintiff is based on the notarial deed No. 675 of 2013.

Reasons

1. Basic facts

A. On June 2013, the Plaintiff entered the commission contract on July 17, 2013, when becoming an insurance solicitor to the Defendant Company (hereinafter “Defendant Company”) and entered into the commission contract on July 17, 2013. The relevant details of the commission contract prepared by the Plaintiff and the Defendant (hereinafter “instant commission contract”) and the Defendant Company’s allowance payment criteria (hereinafter “instant payment criteria”) are as follows.

Article 5 (Payment, etc. of Commissions) (1) A company shall pay the FC fee within the fixed date in accordance with the provisions related to the commission.

(2) Upon entering into this Agreement, the Company shall explain to the FC the terms and conditions of the fee-related provisions of paragraph (1).

(3) Where any ground for refund of fees specified in the criteria for payment of allowances arises, such as cancellation of an insurance contract solicited by the principal, cancellation, effect, termination, etc. of an order, the FC shall refund fees received by the company, as stipulated in the regulations on fees

Article 13 (Fidelity Guarantee and Performance Guarantee Insurance) (1) The FC shall purchase surety insurance in excess of a certain amount at the same time as this contract is made.

(2) A company may carry out all business affairs on its behalf with the consent of the FC in connection with the purchase of performance guarantee insurance by the FC, and matters related to performance guarantee shall be governed by the fee regulations of the company.

(3) The recovery of fees from performance guarantee insurance shall be subject to all items of payment fees, including performance guarantee fees.

The application guidelines related to allowances of Article 3 shall be the criteria for the payment of allowances.

5. Payment and reimbursement of allowances - If a company requests the FC to return due to good cause, it shall be performed in good faith.

- 20% interest per annum on the amount to be returned shall be added at the time of non-deposit from the date of demanding the return.

Article 4 FC Allowances

3. Fees for settlement of career persons; 3-3. Redemption Criteria (1) within 12 months after the expiration of the period of payment.

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