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(영문) 서울중앙지방법원 2018.08.29 2016나63844
수당환수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Basic Facts

On August 1, 2007, the Plaintiff entered into the so-called “FC” commission contract (hereinafter “instant commission contract”) (hereinafter “instant commission contract”) with the Defendant setting the contract term as one year with the Defendant around August 1, 2007, and renewed the instant commission contract on August 1, 2008.

The provision on the payment and restitution of allowances (hereinafter “instant allowance provision”) among the instant commission contract and the guidelines for the payment of FC allowances cited in the contents thereof or the guidelines for the payment of fees are as follows.

The FC fee shall be paid within the fixed date in accordance with the FC Allowance Payment Guidelines, separately prescribed in the FC Allowance Guidelines, with respect to the FC allowance (Allowance) under Article 7 (Allowance) of the 2007.1.

3. The following important matters are specified in the Guidelines for the Payment of FC Allowances referred to in paragraph 1 above:

1. As of the date of the conclusion of this Agreement, the company’s guidelines on FC Allowance are guidelines for advance payment, under which the FC’s insurance premium is paid in advance for two years under the premise that the insurance premium is paid in advance for the two-year period of a new insurance contract concluded by the FC, and if the insurance premium is not paid continuously due to such reasons as invalidation, cancellation, termination, etc., the company will recover the portion of the prepaid insurance premium that has not been paid.

3. The Company shall be subtracted from the revenue stabilization allowance from the 13th month of commissioning in accordance with the FC’s guidelines for the payment of the initial settlement allowance I, II, and settlement support allowances, less than one million won.

If the FC is dismissed before 13 months prior to the dismissal, the relevant amount shall be subtracted from the standard amount of the FC's revenue stabilization allowance.

Article 6 (Insurance Solicitation Fees) (1) A company shall pay insurance solicitation fees to the FC within the date prescribed in the Guidelines for Payment of Fees set by the company.

6. The important matters of the Guidelines for Payment of Fees referred to in paragraph (1) above shall be as follows:

1. Commission;

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