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(영문) 서울중앙지방법원 2017.02.09 2016나13238
수수료환수
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On November 6, 2009, the Defendant entered into a contract with the Plaintiff for the commission of insurance solicitors (hereinafter “instant contract”). By July 1, 2010, the Defendant was entrusted by the Plaintiff and performed the business of soliciting insurance, etc., and the details of the instant contract relating to the commission are as follows.

Article 6 (Payment of Fees, etc.) (1) A company shall pay the fees of a designer within the fixed date in accordance with the "Standards for the Payment of Fees within the Insurance Business Guidelines" (limited to "Standards for the Payment of Fees of Chapter I" in the Insurance Business Guidelines; hereinafter referred to as "Standards for the Payment of Fees").

(2) Where any ground for recovery provided for in the attached letter of agreement on the criteria for the payment of fees arises, a company may recover all or part of the fees already paid pursuant to the attached letter of agreement on the criteria for the payment of fees.

(3) When entering into this contract, the company shall fully explain the standards for payment of fees under paragraph (1) to the designer and obtain his/her consent.

B. Of the annexed agreements regarding the criteria for the payment of fees under Article 6(2) of the instant contract, the provisions regarding the collection of fees (hereinafter “the provisions regarding the collection of fees”) are as follows.

[Recovery of Fees] The fees for new contracts and the fees for maintenance and linkage of contracts shall be fully or partially recovered when the insurance contract is not maintained for a certain period of time under the premise that the contract is maintained and managed.

1. Grounds for recovery: Withdrawal of an application, return, quality guarantee, termination, invalidation, substitute contract, 12 times not maintained (a termination, invalidation, reduction, etc.), modification of a contract, exchange of goods, revocation of payment, etc. arising from the relevant contract at the time of any of the following grounds for recovery shall remain effective even after the contract becomes void:

2.Recovery rate 1) When the cause of the contract becomes invalid, such as cancellation of order, quality guarantee, termination, substitution contract, and product exchange, 100% of the fees payable shall be recovered.

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