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(영문) 서울중앙지방법원 2020.09.23 2020가단5121260
환수금
Text

1. The defendant shall pay to the plaintiff 113,296,474 won and the interest rate of 12% per annum from March 26, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 20, 2016, the Plaintiff entered into a contract with C Co., Ltd. (the foregoing company was merged with the Defendant on June 15, 2017; hereinafter “Defendant”) for commission of insurance solicitors (hereinafter “instant commission contract”), and served as an insurance solicitor. The main contents of the instant commission contract are as follows.

Article 6 (Payment of Fees) ① Upon entering into commissioning Contracts, the Company fully explained FC (FC) the subsidiary agreements and relevant regulations of the Company (which shall include the constituent items, calculation method, and specific payment method of fees) related to commission fees, and FC agrees thereto.

(6) If an insurance premium is not paid but is not maintained due to the invalidation, cancellation, etc., a company may recover the fees paid at the time of a new contract in accordance with the attached agreement to a contract and the relevant regulations of the company, and where an invalidation contract occurs due to termination (including invalidation and cancellation), the company may recover the total fees for the previous payment.

Important written confirmation concerning standards for payment of fees;

1. If the insurance premium is not paid on account of its invalidation, termination, etc. and is not maintained, the Company shall recover the fees paid on advance payment under a new contract with the Company for a period of 13 months or 24 months, and the Company shall recover the fees paid on advance payment if the invalidation contract occurs due to termination.

B. On June 10, 2016, the Plaintiff entered into a contract with the Defendant for FC Settlement Support (hereinafter “instant settlement support agreement”) and the main contents of the instant settlement support agreement are as follows.

Meanwhile, pursuant to the instant settlement support agreement, the Plaintiff was paid KRW 12,400,000 from the Defendant for settlement support.

Article 2 (Settlement Support)

1. The Company shall pay to the FC the settlement subsidy of KRW 12,400,00 in total on the date of payment of fees or on the date of payment of the following month fees when meeting the requirements for payment.

Article III (Evaluation and Redemption) 3.

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