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(영문) 서울남부지방법원 2019.11.08 2018나3682
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 February 10, 2010, the Defendant concluded a commission contract with the Plaintiff and the insurance solicitor, and worked as the Defendant’s insurance solicitor around that time, and concluded a re-commission contract on October 9, 2012 (hereinafter “each of the above commission contracts”) and dismissed on December 10, 2013.

B. Upon entering into the instant commissioning contract, the Plaintiff received a written confirmation of provision of education (e.g., preparation at the time of re-commissioning; hereinafter “written confirmation of provision of this case”) and a guaranty insurance policy issued by C.

The relevant contents of the appointment contract, regulation education certificate, and the Plaintiff’s guidelines for payment of fees are as follows.

- The commission contract of this case - Section 2 of Article 6: the company may recover all or part of the fees already paid in accordance with the criteria for recovery where the grounds for recovery set forth in the "standards for the payment of fees" have occurred.

Article 17 (1): The designer shall purchase surety insurance at the same time with the conclusion of this contract in accordance with the standards set by the company.

Confirmation of the contents of the contract and written confirmation of accommodation;

1. I confirm that the principal has been fully explained and understood by the Company of the important contents of this contract and the criteria for the payment of fees.

2. I confirm that in connection with this commissioning Agreement, I will receive accurate explanation from the Company about the procedures and contents relating to the purchase of guarantee insurance, refund of fees upon occurrence of the reasons for recovery, and the claim of guarantee insurance, and will not raise civil and administrative objections for reasons such as the failure to know in the future.

·certification of regulations education -

5. sexual refund: It shall be recovered and carried forward at the time of occurrence (-) by the time of full recovery:

1) Cheong iron and return after termination: Withdrawal of order after termination of a new contract; sexual recovery: 100% of the results of the relevant contract; date of achievement appropriation; 2) invalid/quality Guarantee (Termination)/Civil Appeal; sexual recovery; recovery of 110% of the results of the relevant contract.

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