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(영문) 서울중앙지방법원 2018.01.18 2016가단5153024
환수수수료
Text

1. The Plaintiff, Defendant A, and Defendant B, KRW 27,293,310, and each of them, as to the Plaintiff, and KRW 44,653,116, and KRW 27,293,310.

Reasons

1. Basic facts

A. The Plaintiff (formerly: Korea Non-Life Insurance Co., Ltd.) concluded a contract for the commission of each insurance solicitor (FC) (hereinafter “instant commission contract”) on May 22, 2015 through the head of the affiliated C Branch D, and Defendant B, on February 24, 2015, respectively, (hereinafter “instant commission contract”). The Defendants received fees for the insurance contracts solicited by the Defendants under the terms of “FC fee payment criteria” in the Plaintiff’s insurance business guidelines after being entrusted by the Plaintiff with the intermediation of the conclusion of the insurance contract and incidental business thereto in accordance with the respective commission contract.

B. As above, the amount of various insurance solicitation fees to be paid to the Defendants is calculated by multiplying the premium rate set forth in the above payment criteria by the type of the pertinent insurance contract. Meanwhile, according to the respective commission contract of this case and the redemption insurance premium provisions of the above insurance business guidelines, in the case of cancellation, return, cancellation, invalidation, termination, etc. of an insurance contract offered by the Defendants, the commission amount already received shall be refunded. In the case where the insurance contract is not maintained due to the reasons such as cancellation, termination, reduction, etc. of an insurance contract before a certain period, a certain portion of the commission amount already received according to the period during which the relevant insurance contract is maintained shall be refunded. The main provisions of the commission contract of this case and insurance

(Provided, however, the part concerning the recovery of performance fees and high efficiency fees shall be comprehensively defined in "9.Recoveryd Insurance Premiums Part" and "10. Settlement Insurance Premium Part" among the terms in Section 2 of Part I of the Insurance Business Guidelines.

In the end of each commission contract of this case, "verification of the contents of the contract and confirmation of the accommodation" are "the details of the contract," and "the principal" types of major commission fees.

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