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(영문) 창원지방법원진주지원 2019.05.30 2016가단8691
수수료반환 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 30,171,384 and the interest rate of KRW 15% per annum from October 19, 2016 to the day of full payment.

Reasons

1. The occurrence of liability to refund the fee;

A. The Plaintiff is an insurance agency business. (2) On June 11, 2014, the Plaintiff entered into a contract for commission of the Defendant and the insurance solicitor (hereinafter “instant commission contract”). The Defendant was an insurance solicitor belonging to the Plaintiff by May 23, 2016.

3) With respect to the instant commissioning contract, the collection of fees and the responsibility for return are stipulated as follows. Article 29 (Recovery of Fees and Liability for Refund)

1. An insurance solicitor shall promptly refund commissions received by the insurance solicitor from the company to the company if any of the following events occurs:

(1) Where an insurance contract solicited by an insurance solicitor is terminated because the insurance contract has not been maintained, terminated, or terminated or terminated due to the failure to maintain the insurance contract solicited by the insurance solicitor, or where the insurance contract solicited by the insurance solicitor was deemed to have been sold as incomplete in violation of the quality assurance system, and the insurance contract solicited by the insurance solicitor is terminated or converted into another insurance;

B. According to the above facts of recognition, unless there are special circumstances, the defendant, who was an insurance solicitor, has the duty to pay the fees equivalent to the insurance contract invalidated or revoked out of the fees already received, to the plaintiff as an

2. Judgment on the defendant's assertion

A. Of the insurance contracts listed in the separate sheet stating the gist of the assertion, the Defendant’s recruitment is only a contractor only one case D.

The rest of the insurance contracts are the defendant, both the branch E and other insurance solicitors.

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