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(영문) 서울남부지방법원 2019.06.05 2018가단242301
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 86,931,195 and the interest rate of KRW 15% per annum from July 25, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running an insurance business. The Defendant concluded a contract with the Plaintiff for commission of insurance solicitors (hereinafter “instant commission contract”) on May 8, 2014, and was commissioned as its affiliated insurance solicitor and engaged in soliciting life insurance business until April 1, 2016.

Article 6 (Fees related to Insurance Solicitation and Loan) (1) A company shall pay the fees of a designer within the fixed date pursuant to the "Standards for Payment of Insurance Solicitation Fees for Insurance Solicitation within Business Standards" and "Standards for Payment of Fees for Protection of Detention Room for Loans" (hereinafter referred to as "Standards for Payment of Fees") as determined by the company, and shall make the details thereof available for perusal at the internal computer network by a designer at all times.

(2) Where a ground for recovery of fees prescribed by the operating standards arises, a company shall recover all or part of the fees already paid according to such standards.

(3) When concluding this contract, the Company shall explain the standards for payment of fees to the designer and obtain his/her consent.

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.

C. On March 22, 2016, the Defendant signed a written statement stating “written confirmation of important contents on the payment standards for fees,” and the said written statement is divided into advance payment and DC payment with respect to the recovery of fees. Under the premise that the new contract fees are paid in advance for 18 months in the future from the date of concluding a new contract, the advance payment is made in the month following the conclusion of the contract, and the DC payment is made in the monthly amount of 10% in the DC amount.

(hereinafter omitted)

2. Where an insurance premium is not deposited due to the invalidation, cancellation, etc. of a future recruitment contract.

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