logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.09.20 2017가단5138817
환수수수료 청구의 독촉사건
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company which runs the insurance business, and the defendant is 2016

1. From October 25 to October 17 of the same year, a person registered as a representative director of B Co., Ltd. (hereinafter “Nonindicted Company”) engaging in damage, life insurance agency business, etc. as the representative director.

B. On April 1, 2016, an insurance company-insurance agency standard consignment contract was prepared between the Plaintiff and the Nonparty Company to entrust the Nonparty Company with the affairs of soliciting insurance, managing, etc. and the Nonparty Company to pay the prescribed fees.

On the same day, attached agreements on fees and policies under the above consignment contract (hereinafter referred to as "the annexed agreements of this case", and the agreement between the plaintiff and the non-party company was prepared, and the name of the defendant was stated in the name column and the column of "name jointly and severally agreed upon" and the name of the defendant was affixed to the right side of the non-party company.

The parts relating to this case in the annexed contract of this case are as follows.

Article 4 (Recovery of Fees) (1) A company (referring to the plaintiff) shall be subtracted from the fees to be paid in the following month if the grounds for the redemption of the fixed payment fees prescribed in the operating guidelines of the corporate agents, such as termination, withdrawal, invalidation, cancellation, etc. of the insurance contract.

Nevertheless, if a fee for recovery is incurred, the agency (referring to a company other than a company) shall return the fee for recovery to the company.

When the return fails to perform, the company may perform the physical and human security provided by the business bonds (including a claim made by a guarantee insurance company in cases of a surety insurance policy) or the agency.

The amount not recovered in the above manner shall be paid to the company by the representative director and the joint and several contractors of the agency in full.

This is the same even after the agency contract is terminated.

Where the representative director of an agency is changed, the fees already paid before such change.

arrow