(영문) 대전지방법원 2013.08.22 2013가합100891

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(영문) 대전지방법원 2013.08.22 2013가합100891

기타(금전)

Text

1. On the Plaintiff (Counterclaim Defendant),

A. As from April 18, 2013, Defendant B:34,952,419; and

B. Defendant C is 2.2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff entered into an insurance agency contract with the insurance company and is engaged in the business of the insurance agency for the said insurance company. The Defendants are attached hereto.

1. The “date of registration” of the “The present status of the Seoul branch office” was signed with the Plaintiff by each commission contract (hereinafter “the date of cancellation of each commission contract of this case”) at the time of each date indicated, and the Defendant D was the head of the Seoul branch office. Of them, the head of the Seoul branch office.

B. According to each of the instant commission contracts concluded with the Plaintiff, where the Defendants recruited and concluded an insurance contract, “the Plaintiff shall pay the commission of the insurance solicitor in accordance with the payment criteria for the insurance business commission determined by the Plaintiff” (Article 6(1)); “The Plaintiff shall not pay the commission where the insurance contract solicited by the insurance solicitor was terminated due to the cancellation of the insurance contract, or its validity is terminated due to the cancellation of the contract, such as violation of the duty to deliver a duplicate of the terms and conditions or the duty to explain the terms and conditions, violation of the contractor’s duty, omission of signature or seal, etc.) and termination, etc.

(Article 7(1) of the Plaintiff’s “main contents of the criteria for the payment of fees” with respect to the refund of fees are as follows:

Part IV Fees and fees for new contracts for one insurance contract are composed of pre-payment of the relevant month and pre-payment of the insurance premium for one year under the condition that the pre-payment is made normally, and the pre-payment is made in one year, and the insurance premium is not deposited halfway due to the cancellation, termination, etc. of the contract; or

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