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(영문) 대전지방법원 천안지원 2018.06.20 2017가단7145
수수료 등
Text

1. The Defendant’s KRW 7,362,769 as well as the Plaintiff’s annual rate of KRW 6% from January 19, 2018 to June 20, 2018.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract for FC commission (hereinafter “instant commissioning contract”) with the Defendant, who runs an insurance agency business, and was dismissed when performing the duties of mediating the conclusion of insurance contracts, maintaining and managing insurance contracts, etc. from April 21, 2014 to July 7, 2015.

Article 18 [Payment, etc. of Fees] (1) The Company shall pay or recover fees to the FC in accordance with the FC Fee Payment Regulations that the Company determines separately.

Provided, That the FC Fee Payment Regulations may be changed according to the insurance business environment, such as changes in the experience life table, changes in the publication interest rate, etc., and the settlement of fees shall be governed by the FC Fee Payment Regulations at the time of settlement.

(2) The FC shall refund the previously received fees immediately upon occurrence of any cause for the recovery of fees prescribed by the FC Fee Rules, such as cancellation, invalidation, termination, termination, cancellation, cancellation, invalidation, etc. of an insurance contract solicited by the principal.

(3) Where the FC is dismissed due to the expiration of a contract term or termination of a contract, no company shall pay all fees after the date of dismissal.

(4) Where a company has an amount equivalent to the recovery from the FC, it shall pay the amount calculated by deducting the amount equivalent to the recovery from the fees to be paid by the company to the FC first.

(8) Fees shall be paid by settling accounts once a month in such a manner as determined by the company.

Article 19 [Refund of Fees] (1) If an insurance premium is not deposited due to invalidation, cancellation, etc. and is not maintained, a company may recover the fees paid at the time of a new contract in accordance with the relevant regulations of the company, and if it is not maintained due to cancellation, invalidation, termination, etc., the company may recover the total fees paid at the time of the new contract

(2) "Non-Maintenance" in paragraph (1) of the same Article shall not maintain existing insurance contracts of fees already paid, regardless of the reasons therefor, such as cancellation, cancellation, cancellation, invalidation, termination, etc. of insurance contracts.

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