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(영문) 서울중앙지방법원 2016.08.26 2015나25975
구상금
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

1. Facts of recognition;

A. On January 18, 2008, the Defendant was commissioned as an insurance solicitor of the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”). According to the above commissioning contract, the Intervenor paid the commission fee prescribed by the provision on the fee, such as the standard for insurance business-related provision (hereinafter “instant fee provision”) to the Defendant. However, if the Defendant’s recruitment contract becomes invalid (cancellation) quality guarantee termination subscription withdrawal, etc., the Defendant would recover the commission fee paid under the pertinent recruitment contract from the Defendant in accordance with the pertinent fee provision.

Important matters of the instant fee-related provisions are as follows.

Important details in accordance with the criteria for payment of fees

1. The Company's payment criteria for the new contract commission is a prior payment (APC). If the new insurance contract entered into by an insurance solicitor is paid in advance for one year on the premise that the premium is paid in advance for the first year, if the premium is not paid continuously due to the invalidation, cancellation, termination, etc., the Company shall recover the first-year portion of the fee paid in advance from the Company as the fee.

2.In the event of the recovery under paragraph 1 above, the Company shall recover from the fees to be paid for the recovery month and from the DC (the resources accumulated to pay the DC reserve funds and the amount of DC reserve funds in accordance with the Company Standards) respectively, and shall recover from the DC reserve when the unpaid balance occurs.

3.In the event there is any balance remaining in the recovery process of the fees as referred to in paragraph 2 above, the insurance solicitor shall without delay pay to the Company the unpaid balance.

This content continues even after the insurance solicitor has been dismissed.

B. On January 18, 2008, the Defendant between the Plaintiff and the policyholder, the Defendant, the Intervenor’s Intervenor, the Intervenor’s Intervenor, the insurance amount of KRW 5,00,000, and the insurance period from January 18, 2008.

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