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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On June 4, 2012, Defendant A entered into an insurance solicitor commission contract with the K non-life insurance company (hereinafter “KDB”) (hereinafter “instant commission contract”), and the provisions pertaining to the payment and refund of commission under the instant commission contract and the settlement support fund among the business rules and regulations are as follows.
Article 6 (Payment of Fees, etc.) (1) A company shall pay fees to insurance solicitors within a fixed date in accordance with the "standards for the payment of fees within the business regulations" (hereinafter referred to as "standards for the payment of fees").
(2) When concluding commissioning contracts, a company shall fully explain the standards for payment of fees under paragraph (1) to insurance solicitors and obtain their consent.
Article 7 (Refund, etc. of Fees) (1) Where an insurance solicitor fails to cancel an insurance contract solicited by him/her due to cancellation of the application, or the validity of the insurance contract is terminated due to invalidation, invalidation, cancellation (including a violation of the obligation to deliver a copy of the terms and conditions and the written application, a violation of the obligation to explain the terms and conditions, a violation of the obligation to explain the terms and conditions, a contractor and the insured's signature or omission in seals, etc.) or termination, etc.
(2) If a company fails to refund a fee to the company even though a ground for the refund of the fee has occurred, the company may request the guarantee insurance company to pay the fee.
(3) Where there exists any balance to be returned even after a company receives the guaranteed insurance benefit, an insurance solicitor shall also repay the relevant amount to the company.
(4) Detailed matters concerning the refund of other fees shall be governed by the standards for payment of fees within business regulations.
(5) The details of the refund of fees shall remain effective even after the contract for commission with the company is terminated.
Article 11 of the Business Regulations shall be the settlement fee.