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(영문) 서울남부지방법원 2020.08.13 2019가단3640
보험수수료 및 시상수수료 환수금 반환
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Presumed factual basis

A. The Plaintiff is a corporation that carries out insurance business on behalf of an insurance company for concluding insurance contracts pursuant to Article 2 subparagraph 10 of the Insurance Business Act.

B. On July 3, 2018, the Plaintiff entered into a contract for the commission of insurance solicitors (hereinafter “instant insurance solicitor commission contract”) with the Defendant via the head of the branch office D of the C branch office registered as the Plaintiff’s branch office D.

According to the above contract, the plaintiff entrusts an insurance solicitor with affairs, such as the brokerage of conclusion of insurance contracts for sales of affiliated insurance companies (Article 9(1)) (Article 9(1)).

(Article 27). However, in the event that an insurance solicitor is invalidated, terminated, or terminated due to a failure to maintain an insurance contract solicited by him/her, the insurance solicitor shall refund the fee in accordance with the provisions of the Designer Fee Rules to the plaintiff

(Article 28(1)1 and Article 29(2)1 of the Act) / [Grounds for recognition] A without dispute, entry of evidence No. 1, the purport of the whole pleadings

2. The assertion;

A. The Defendant shall mediate the conclusion of the insurance contract for the sales of goods by the Plaintiff’s partnership insurance company, thereby causing a total of KRW 80,05,890 fee, but the insurance contract is terminated, and thus the said fee shall be refunded to KRW 79,107,246 of the said fee.

However, the Plaintiff paid only 51,69,379 won (including business income tax, guarantee insurance premium, and reserve) to the Defendant, and did not pay the remainder of 28,359,511 won (=80,05,890 won - 51,696,379 won).

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 46,492,851 (=79,107,246 - 28,359,511 - 4,254,254 won - 4,254,884 won (=2,314,708 won as reserves on September 2018) and delay damages therefrom).

B. The Defendant merely lent the name of insurance solicitor to D upon the Plaintiff’s recommendation of D, the head of the branch office, and does not actually conclude a contract for appointment of the insurance solicitor with the Plaintiff.

an objection between the original defendant.

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