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(영문) 서울중앙지방법원 2014.07.17 2013가합47243
수수료환수
Text

1. The Defendant shall pay to the Plaintiff KRW 164,750,823 and the interest rate of KRW 20% per annum from June 29, 2013 to the day of full payment.

Reasons

A. According to the instant contract, the Plaintiff is obligated to pay fees to the Defendant in accordance with the Plaintiff’s standard for the payment of fees in the “business system manual,” but where the grounds for recovery stipulated in the “Agreement on the Fees and Redemption Criteria” (hereinafter “Agreement on the Affiliated”) have occurred, the Plaintiff may recover all or part of the fees already paid in accordance with the instant agreement. [sexual system]

1. The value converted from an initial insurance premium for a new contract after multiplying the insurance premium for the first time to set an index for each product with respect to the results of conversion into a new contract by the increase rate for each product;

2. Results (payment of fees) added or added to the annual conversion results by the results of conversion into force, the results of invalidation, cancellation, termination, etc., of which have not been maintained by the results of conversion into force before the previous month;

1. Termination 1) 1 of the fees - Performance fee - Payment in proportion to the validity and performance of each month of the SA to which the team belongs - Performance fee - Performance fee - Payment rate 】 Payment rate x Payment rate * Payment rate: differential application (8~30%) according to the grade of the SA and the month of the SA - Payment - proportional payment in proportion to the performance of the maintenance and conversion of the SA to which the team belongs - Payment in proportion to the annual conversion x payment method x 12 x 12% /

1. Performance / funeral fee recovery 1) The main contents of the attached agreement of this case are as follows: quality assurance, termination, and cancellation within three years after the new contract; and the full recovery of the already paid performance / funeral fee for the contract to be cancelled).

C. On February 5, 2013, the Plaintiff’s claim for the payment of the collection of fees against the Defendant: (a) the Plaintiff paid KRW 164,750,823, which was not recovered out of KRW 170,684,657, to the Defendant on the ground that (b) the Defendant’s SA B, which was managed by the Defendant, terminated 43 of the insurance contract from around August 2009 to May 2, 2012, had a ground to recover the fees under the instant subsidiary agreement with respect to the portion of the contract terminated.

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