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(영문) 서울중앙지방법원 2017.01.23 2016나40544
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that is engaged in the insurance business, etc. under the Insurance Business Act, and the Defendant, who is engaged in the insurance solicitation, was entrusted by the Plaintiff from May 1, 2013 to January 1, 2014, performed the business of soliciting insurance, etc. as an insurance solicitor.

B. On May 1, 2013, the Plaintiff entered into a contract with the Defendant for the commission of insurance solicitors (hereinafter “instant commission contract”) under which the Defendant would perform incidental business, etc. to mediate the conclusion of insurance contracts on the Plaintiff’s insurance products and to maintain and manage the holding contract, and in return, receive the following fees from the Plaintiff.

The allowances rules of the Plaintiff Company, which were applied to insurance solicitors including the Defendant at the time of the instant commissioning contract (hereinafter referred to as the “instant allowances rules”), are as follows:

[Commission Agreement] Article 8 (Payment of Fees and Related Matters) (1) Company shall pay the fees of the Agent within the fixed date in accordance with the standards for payment of the internal fees of the Company.

At this time, the term "fee" means all of the money paid according to the payment criteria during the term of the contract, and it can be used in the name of allowances, remuneration, etc. between the company and the Association for convenience.

(2) If the Agent fails to meet the requirements required by the regulations and standards of the relevant company, he/she shall refund fees already paid by the Company, as prescribed by the standards for payment of fees.

[수당규정] ◎ Commission

1. On and after the first year following the collection, SC remaining after the first year after the payment of a fixed rate of 7~12th of the first month following the collection (short payment, temporary payment shall be made in 100% following the collection SC 10%).

2. Commission’s redemption - From April 2012 to April 18, 2012, in the case of unregistered agreements, such as invalidation, cancellation, invalidation, etc. within 18 times, and other unafforested agreements. Pursuant to paragraph (b) of this Article, 100% of the amount paid during the period of unafford 2,3 occasions of unafford 18 times or less.

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