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(영문) 서울남부지방법원 2017.08.17 2015가단247336
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 94,981,045 and its payment from May 20, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 15, 2012, the Defendant, as an insurance solicitor of the Plaintiff, entered into a commissioning contract with the Plaintiff (hereinafter “instant commissioning contract”) with the Plaintiff, a company aimed at insurance business, etc., to which the Plaintiff was entrusted with the affairs of mediating the conclusion of the insurance contract, the maintenance and management of the insurance contract, etc., and to which the Plaintiff was paid fees from the Plaintiff. On February 4, 2015, the Defendant was entrusted to the Plaintiff as an insurance solicitor until the Plaintiff was dismissed.

B. According to Article 6(1) of the instant commissioning Agreement, the Plaintiff’s fee should be paid to the Defendant within the fixed date pursuant to the “Standards for Payment of Fees within Insurance Business Regulations” as set by the Plaintiff. Accordingly, in order to determine all matters, such as the payment standards for insurance solicitors’ fees, the “PA Channels Fee Regulations” (hereinafter “instant fee regulations”) was established. Of the revised fee standards on April 2013, the part related to the instant case is as follows.

The instant provision on the instant fee was amended from April 2014, around September 2014, around September 2014, and around October 2014. According to the Addenda, each provision on the said revised fee is applied from the fees that were paid after the amendment. However, the instant fee subject to restitution is the fee that was paid from February 2014 to January 2015.

However, in light of the above amendment, there are some changes in the name of fees, etc., but there is no difference in major redemption provisions, etc., it is necessary to enter only the revised fee provision of April 2013, which applies from February 2, 2014 to April 2014.

Article 4 (Definition of Terms) (1) The definitions of terms used in this RPG shall be as follows:

1.DC means fees calculated on the basis of the results of the conclusion and maintenance of a new contract.

6. FYC means the amount multiplied by 12 once by FYC.

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