(영문) 서울중앙지방법원 2019.02.19 2018나17531

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(영문) 서울중앙지방법원 2019.02.19 2018나17531

환수금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running an insurance business, and the Defendant entered into a contract with the Plaintiff for commission of insurance solicitors (hereinafter “instant commission contract”) around December 2012 and was commissioned as an insurance solicitor under its control.

B. The instant commissioning Contract provides that the Plaintiff shall entrust the Defendant with incidental business, etc. for the mediation of the conclusion of the insurance contract and the maintenance and management of the holding contract, and pay the Defendant fees in return, as follows.

Article 5 (Standards for Payment of Fees) (1) A company shall pay the fees of a designer within the fixed date in accordance with the standards for the payment of fees for the insurance business guidelines determined by the company (limited to the standards for the payment of fees for 1. '1.' in the insurance business guidelines; hereinafter referred to as "standards for

The company shall allow the designer to peruse the standards for payment of fees on a regular basis through the internal computer network, etc.

(2) When concluding an entrustment contract, a company shall fully explain to the designer the terms and conditions of the relevant fee item, method of payment, guidelines for redemption, etc., and obtain the consent of the designer.

3. Where this contract is terminated, the company shall not pay all the fees to the designer.

Provided, That the same shall not apply where any separate provision exists in the payment criteria for fees.

Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by a designer has been returned to a contractor, such as the invalidation, cancellation, etc. under the terms and conditions of a product and the Acts, the company shall not pay any fees related to the relevant contract in accordance with the Insurance Business Guidelines, shall return the fees already paid to the company under the condition that the designer has been effectively formed and maintained, and the detailed method and the redemption of other fees shall be subject to the

(2) Paragraph (1) through (3).

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