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(영문) 서울서부지방법원 2017.10.17 2017나31399
환수금
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. Basic facts

A. The Plaintiff is an insurance company that runs the insurance business, etc. The Plaintiff’s insurance solicitor’s organization is an insurance solicitor (FP, Financisal Peer, Manner, hereinafter “FP or insurance solicitor”), intermediate-side insurance solicitor (SM, Sales Mager, hereinafter “SM or executive designer”), business family-type branch (PBM, hereinafter “PBM or business family-type branch office”), branch office (hereinafter “PBM or business family-type branch office”), and all of them are insurance solicitors status.

B. The business regulations governing the Plaintiff’s organization of insurance solicitors (the status of each insurance solicitor, criteria for operation, fees, and collection criteria, etc.) have been amended every year from 2010 to 2012. Among them, in relation to the “Standards for the Recovery of Settlement Fees for the Head of the Business-Type Branch” which is the main issue of the instant case, the measures to recover where the head of the Business-Type Branch (PBM) is removed within 2 years from the date of delegation shall be taken: Provided, That where the status is converted to an executive designer (SM), the delegation period shall be deemed not dismissed and the delegation period shall be calculated. The delegation amount shall be recovered by 50% of the total settlement fees received from the first month.”

C. The Plaintiff planned to operate the “D branch” for the purpose of achieving the standards for establishing a branch and laying the foundation for stable business activities after having hired excellent human resources of another insurance company.

Article 11 (Standards for Maintenance of Minimum Qualification under Commission Contract) of the Commission Contract (Standards for Maintenance of Qualification) may determine the standards for the continuation of the Commission Contract (hereinafter referred to as "minimum standards for maintenance of qualification"), and the standards shall be specified in the attached documents or special agreements.

Article 13 (Termination of Contract) The head of the services branch office may terminate this contract at any time, and the Company may terminate this contract where the head of the services branch office falls under any of the following:

9. When a commission contract is made.

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