logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.04.06 2016가단30027
수수료환수
Text

1. The Defendant shall pay to the Plaintiff KRW 37,084,289 and interest rate of KRW 15% per annum from February 4, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 21, 2008, the Defendant entered into a contract with the Plaintiff for commission of insurance solicitors (hereinafter “instant contract”). By September 1, 2010, the Defendant engaged in the Plaintiff’s insurance solicitation business. Details of the commission under the instant contract 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 "Standards for Payment of Fees of Chapter 1" in the Insurance Business Guidelines) set by the company.

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

B. The relevant provisions of this case are as follows among the criteria for the payment of fees under the “insurance business guidelines” stipulated by the Plaintiff (hereinafter “the instant fee payment criteria”)

New contracts in an import stabilization account: Evaluation and calculation method of new contracts to operate a certain portion of the current monthly increase and productivity improvement agent in an import stabilization account: Results of monthly recruitment conversion 】 increase rate 】 initial payment rate: The first installment payment rate is differentiated according to FC performance, but the first installment payment rate is based on the 60% of the new contract increase operation item which applies the base of the 60% of the new contract increase: the qualification portion, early settlement, glusing/security activation portion, and calculation method for calculating and calculating the amount of the qualification portion, early settlement portion, glusing/guarantee revitalization portion - Flus conversion result by each item of monthly recruitment 】 the first year (7th month): deposit of the 7th insurance premium after the new contract recruitment.

(c) The number of refund fees by 40% of the result of maintenance and conversion: Withdrawal/return, cancellation of quality guarantee, invalidation, replacement contract, exchange of goods, maintenance (including effective, cancellation, reduction, termination of special agreement, etc.), modification of contract (payment cycle, period, etc.) within 12 times, definition of non-maintenance and recovery of unpaid amounts within 12 times after cancellation of deposit: Unmaintenance of the fee at the rate of recovery within 12 times after cancellation of new contract, such as cancellation, cancellation (including special agreement), reduction, etc.; and

arrow