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(영문) 서울중앙지방법원 2015.12.02 2015나27162
수수료환수
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. The Defendant, around September 9, 2009, entered into a contract with the Plaintiff running an insurance business and an insurance solicitor commission (hereinafter “instant contract” and “instant contract”) and performed the business of soliciting insurance, etc. by being entrusted by the Plaintiff by May 1, 2010.

The details of the instant contract concerning the payment of fees are as follows.

Article 6 (Payment of Fees, etc.) (1) A company shall pay the fees of a designer within the fixed date in accordance with the "Standards for Payment of Fees within the Insurance Business Guidelines" (limited to the "Standards for Payment of Fees of Chapter I" in the Insurance Business Guidelines) set by the company.

(2) When entering into this contract, the company shall fully explain the standards for payment of fees under paragraph (1) to the designer and obtain his/her consent.

(3) According to Article 6(1) of the instant contract, the Plaintiff is obligated to pay the fee to the Defendant according to the fee payment criteria (hereinafter “in the following”) set by the Plaintiff for the “insurance Business Guidelines” (hereinafter “instant fee payment criteria”).

In addition, the criteria for the payment of the fees of this case provide for the reasons for recovering all or part of the fees already paid (hereinafter referred to as “the following”) and the methods of calculating the fees of this case among the provisions for the recovery of the fees of this case are as follows.

[Method of Settlement of New Settlement Support Fees] - Full amount of settlement support fees, including special settlement support fees - Settlement Method: 1/12 of each subsidy from July to the revenue stabilization account shall be deducted directly from the monthly revenue stabilization account. In the event that the amount of revenue stabilization is below the standard amount of revenue stabilization, the defendant carrying over and settling the case is commissioned as an insurance solicitor under the annexed Agreement on the Standards for Fees and Recovery.

Of them, when the part concerning the recovery of fees is referred to, "the part concerning the recovery of fees of this case" is called "the part concerning the recovery of fees of this case."

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