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(영문) 서울서부지방법원 2015.01.16 2014가합9052
환수금
Text

1. The Defendant shall pay to the Plaintiff KRW 114,485,177 as well as 20% per annum from December 13, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On March 22, 2011, the Plaintiff, a company engaged in insurance business, etc., entered into a life insurance designer commissioning contract with the Defendant (hereinafter “instant commissioning contract”).

B. According to the instant commissioning Contract, the Plaintiff is obligated to entrust the Defendant with the affairs of the conclusion of insurance contracts, etc., and if the Defendant successfully participates in the brokerage of conclusion of insurance contracts (Articles 4 and 6), the Defendant is obligated to pay the fixed insurance solicitation commission (Article 4 and 6). In the event of success in the brokerage, the Defendant has the right to receive the advance payment of the commission, but if the intermediary contract is not maintained due to its invalidation

(Article 8). (c)

The Plaintiff paid various fees, such as performance fees, based on the Defendant’s business performance under the instant commission contract. However, due to the failure to maintain an insurance contract (e.g., filial duty, termination, etc.) during the commission period and the failure to meet the standards for the payment of support fees, the amount of redemption of KRW 114,485,17 out of the fees already paid according to the restitution criteria occurs.

Therefore, the defendant is obligated to pay the recovery amount and damages for delay to the plaintiff.

2. Judgment by publication of the basis (Article 208 (3) 3 of the Civil Procedure Act);

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