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(영문) 부산지방법원 2019.11.27 2019나45821
수수료지급 및 부당이득반환
Text

1. As to the part of KRW 20,000,100 among the principal claim of the Plaintiff (Counterclaim Defendant), including the claim expanded at the trial.

Reasons

1. The plaintiff at the court of first instance filed a counterclaim seeking the payment of the remaining maintenance fees after dismissal, and the defendant filed a counterclaim seeking the payment of the unpaid maintenance fees. The claim was dismissed, and all counterclaim claims were accepted.

It is evident that only the plaintiff has filed an appeal against the main claim.

The petition of appeal, purport of claim, and ground of claim submitted by the Plaintiff are stated to the effect that only the claims of this case are appealed.

Therefore, only the claim of this case is subject to the judgment of this court, and it is to be judged accordingly.

2. Facts of recognition;

A. The Defendant is a company operating an insurance agency business, etc., and the Plaintiff entered into a contract for commission of insurance solicitors (hereinafter “instant commission contract”) with the Defendant around September 201, and was dismissed on November 25, 2015, when performing duties, such as brokerage of conclusion of insurance contracts, maintenance and management of insurance contracts, as an insurance solicitor belonging to the Defendant.

B. The relevant provisions of the instant commission agreement and payment of fees are as follows.

-the commission contract of this case - the contract term of this contract, Article 3 (Contract Term) shall be one year from the date of conclusion of the contract.

except where the corporation or designer notifies the other party in writing not later than one month prior to the expiration date of the contract that there is no intention to extend the contract, this contract shall be deemed to have been automatically renewed for one year under the same conditions.

Article 5 (Fees) (1) Upon entering into commissioning Contracts, the Company has fully explained to the designer the agreement on the subsidiary fees and the regulations on the payment of the Company fees, and the designer agrees thereto.

(2) A company shall determine the date on which fees are paid to a designer and pay them in accordance with the fee payment regulations within a fixed date.

(3) A designer shall be a company due to any modification, invalidation, invalidation, termination, etc. of the terms and conditions of the contract.

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