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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. On March 14, 2014, Plaintiff A and E entered into an insurance solicitation contract with the Defendant on July 15, 2014, and Plaintiff C and D on June 13, 2014, respectively, and worked as an insurance solicitor by the Defendant. The Defendant paid Plaintiff A KRW 18,00,000,000 to Plaintiff B with settlement subsidies, and KRW 12,50,000 to Plaintiff C with KRW 7,50,000,000 to Plaintiff D, and KRW 12,00,000 to Plaintiff E, respectively.
B. On December 30, 2014, the Plaintiffs were dismissed at the request of the Plaintiffs. Article 23 Subparag. 2 of the Defendant’s provision on the payment of fees (hereinafter “instant provision”) provides that if an insurance solicitor is dismissed within 12 months, the payment of the fees shall be recovered in full, regardless of early payment, renunciation, etc., and the various fees to be paid after the dismissal shall not be paid.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 5, and 7 (including branch numbers, hereinafter the same shall apply)
2. The plaintiffs' assertion and judgment
A. The provision of this case is a standardized contract, and the defendant did not explain the contents to the plaintiffs, so it is not possible to assert the contents of the contract. Moreover, the provision that uniformly redeems the entire amount and does not pay various fees to be paid after the payment without considering the service period or performance of the plaintiffs is invalid unfairly disadvantageous to the plaintiffs. Thus, the plaintiffs do not have a duty to return settlement
B. Comprehensively taking account of the overall purport of the arguments in the statement No. 1 to No. 8 of the judgment as to the violation of the duty of explanation 1, the Plaintiffs completed the Defendant’s curriculum prior to the conclusion of each commission contract with the Defendant, including the details of restitution of settlement fees, and ② The Plaintiffs’ explanation of the instant provision at the time of concluding each commission contract.