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(영문) 서울남부지방법원 2018.08.17 2017가단240049
청구이의
Text

1. The Defendant’s payment order against the Plaintiff is the Seoul Southern District Court’s 2010 tea 14074 claim for the collection of allowances.

Reasons

(b)be paid in advance on the premise that the insurance premium for the two-year period of the new insurance contract entered into by the FC is normally deposited, most of the total amount of the contract shall be paid in the first year increase, and the first year increase shall be paid in advance in accordance with the insurance business guidelines;

Therefore, if the insurance premium is not paid but is not maintained due to invalidation, cancellation, etc., the company shall recover the amount of the advance payment paid at the time of the new contract for the past two years, and the company shall recover the amount of the advance payment when the invalidation contract occurs due to termination.

2.In the event of a redemption pursuant to paragraph 1 above, the Company shall recover from the allowances or allowances for accumulation of import stabilization on the following month following the date of redemption.

Provided, That if a person has achieved his/her achievements in the month when the recovery was carried out, he/she may be awarded a preferential prize in the relevant achievements.

3. In addition, the settlement allowances received by the new FC prior to the sixth month shall be subtracted from the outcome of accumulation of import stabilization in the month of dismissal if the dismissal is made before the third month of such dismissal.

*Amount deducted = Settlement Allowance I Settlement Allowance II

4.Notwithstanding the process of recovery referred to in paragraphs 2 and 3 above, if any, a company may recover the unpaid balance to the FC through performance guarantee insurance, etc.

This will continue even after the dismissal of the FC.

B. Accordingly, the Plaintiff solicited the insurance contract by mediating the conclusion of the insurance contract, but around May 1, 2009, terminated the instant commissioning contract with the Defendant.

C. On November 11, 2010, the Defendant filed an application with the Seoul Southern District Court for a payment order for the return of the above amount of reimbursement against the Plaintiff on November 11, 2010, asserting that the Plaintiff had been paid KRW 6,964,623 (i.e., the total amount of KRW 7,218,013 - the import stabilization reserve - KRW 153,390 - the performance guarantee insurance payment amount of KRW 100,000) due to the termination and non-maintenance of the insurance contract recruited by the Plaintiff, and that “the Plaintiff shall pay the Defendant the amount of KRW 6,964,623 and damages for delay.”

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