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(영문) 서울중앙지방법원 2017.09.08 2016나52929

기타(금전)

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. Basic facts

A. On January 27, 2014, the Plaintiff, a company running a life insurance business, concluded a commissioning contract with the Defendant, with the terms of commissioning the Defendant as the Plaintiff’s FC (hereinafter “instant commissioning contract”).

According to the instant commission contract, with respect to the payment and recovery of allowances to the Defendant, the “2013 Aentent Commonense” (hereinafter “the “instant allowances”) applies to the instant allowances payment criteria.

The Defendant signed a written oath to hear and consent to the commission contract of this case on the date of conclusion of the commission contract of this case and to confirm the signature of the pen.

B. The Defendant, from January 6, 2014 to January 8, 2014, prior to the conclusion of the instant commissioning contract, received education for three days regarding the criteria for the payment of the instant allowances from January 6, 2014 to January 23, 2014, stating that he/she had sufficiently explained and confirmed all the items of the criteria for the payment of the instant allowances. The Defendant’s “2013 Agents et al.” refers to “the written consent to the application of the instant case, including the details that he/she had sufficiently explained and confirmed all items of the criteria for the payment of the instant allowances.

was signed in this chapter.

C. Around March 15, 2013, the Plaintiff publicly announced a diversoid in the intra-company computer system.

The relevant contents of this case are as follows.

Ⅰ. Internal return;

1. Where a contract for a company holding a contract for which 36 months have not elapsed after its establishment, regardless of whether it is an agent to invite the definition of a transfer and exchange contract, is invalidated, cancelled, or terminated a contract for which 36 months have not elapsed after its establishment (including reduction of subscription price, reduction of insurance premiums, or full payment of reduction), and where a new contract has been concluded with a product whose coverage is similar to that of guarantee within six months before or after the cancellation (or effective date, reduction

Provided, That the term "six months before and after" means the total of 13 months, including the subscription month.

The Defendant’s securities number B insurance contracts on March 28, 2014, and securities number C insurance contracts and securities number D insurance contracts on April 28, 2014 (hereinafter “each of the instant insurance contracts”) respectively.