(영문) 서울서부지방법원 2015.09.10 2015가단14740

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(영문) 서울서부지방법원 2015.09.10 2015가단14740

환수금

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1. The defendant shall pay 34,00,000 won to the plaintiff and 20% per annum from April 23, 2015 to the day of full payment.

Reasons

1. The facts following the facts are either in dispute between the parties or in each entry in Gap evidence Nos. 1 to 3 and 5 to 7 (including paper numbers). It may be admitted as a whole in view of the purport of the entire pleadings.

On September 20, 2007, the Plaintiff concluded a contract with the Defendant for the commission of insurance solicitors, and agreed to pay the fee to the Defendant in accordance with the “Standards for the Payment of Fees within the Private Business Rules” set by the Plaintiff, but if the insurance contract is not maintained due to its invalidation, etc., the Plaintiff would recover the previous allowances, etc. paid in accordance with

B. The Defendant was dismissed on July 1, 201, and the contract was not maintained due to the invalidation, cancellation, termination, etc. of part of the insurance contract recruited by the Defendant, and the amount remaining out of the amount to be returned by the Defendant pursuant to the above established rules is KRW 34,00,000.

2. Determination:

A. According to the above facts of recognition, the defendant is obligated to refund the collection amounting to KRW 34,000,000 and delay damages to the plaintiff.

B. As to this, the Defendant’s invalidation of the insurance contract is not due to the Defendant’s poor sale, but due to the fact that there was a wrong content in the solicitation guide made by the Plaintiff, and thus, the Defendant cannot be held liable for the invalidation of the insurance contract. However, an insurance company shall pay the insurance solicitor remuneration in the form of remuneration commission for the conclusion of the insurance contract and the normal payment of the insurance premium, and a claim for the return of various fees paid to the policyholder by the insurance solicitor in the event the insurance company becomes invalid and the insurance company returns the insurance money to the policyholder. Thus, it is recovered to the effect that the insurance solicitor claims the return of the insurance money paid by the insurance solicitor. Thus,

C. Therefore, the defendant.

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