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(영문) 서울동부지방법원 2021.01.20 2019나21288

기타(금전)

Text

The plaintiff's appeal is dismissed.

The plaintiff's claim against the intervenor accepting the defendant is dismissed.

Costs of appeal,

Reasons

1. Basic facts

A. The defendant and the defendant underwriting intervenor are companies engaged in insurance agency business, and the plaintiff was working for the defendant as an insurance designer.

B. The Plaintiff’s commission and promotion, etc. 1) concluded a verbal agreement with the Defendant’s representative director C on the recommendation of the Defendant’s representative director C, and with the Defendant, that “all expenses incurred by the Defendant are divided by the design specifications belonging to the Defendant in the same proportion, and the commission that the Defendant received from the insurance master as much as he/she operated” (hereinafter “instant fee agreement”), and began insurance solicitation from around April 2012 to the Defendant.

From April 2012 to September 201 of the same year, the Plaintiff was issued with the Plaintiff’s own code around October 2012 and was commissioned as Defendant Insurance Designer (hereinafter “instant commission”).

2) On March 18, 2016, the Plaintiff and C have become fire extinguishing. On March 18, 2016, the Defendant promoted the Plaintiff from the Defendant (hereinafter “instant promotion”).

3) The Plaintiff is entrusted by J Co., Ltd. (hereinafter “J”) engaging in insurance agency business after being promoted by the Defendant, and is engaged in insurance solicitation business.

(c)

The defendant shall prepare the personnel registration guidelines in which the provisions on the termination of the contract and the payment of fees after dismissal are stated (hereinafter referred to as the "personnel registration guidelines of this case") and shall obtain signatures and seals from the design private H to which he/she belongs, and the main contents thereof shall be as follows:

Part 3: Where the FC (Insurance Designer) terminates the contract falls under any of the following, the company may terminate the contract with the FC:

1. Where the principal requests it;

3. Where it causes an insurance accident or disturbs order in soliciting insurance contracts.

4. Where he fails to attend school for at least eight days without any special reason;

6. Where the business performance is non-existent for two months.