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(영문) 부산지방법원 2015.07.02 2014가합53670

보험수당적립금반환청구

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

1. It is aware that the LIFE is a system that provides additional support, separate from existing allowances, in accordance with the company’s relevant regulations, to suggest long-term operations, and that it is a system that sets aside a certain rate for the previous year and pays the previous year more than five years after the date of accumulation.

2. I confirm that the amount accumulated pursuant to the above LIFE may be paid when the principal maintains a commissioning relationship with the company and shall not be paid in full for any amount for which five years have not elapsed from the time of accumulation.

3. I confirm that, if he is dismissed, he is not entitled to all payments for the above accumulated amount in any case.

Upon entering into a contract with the defendant for appointment of insurance solicitors, the plaintiffs signed the LIFE certificate (the Long-Term Excll, hereinafter referred to as the "LIE certificate") and the main contents of the LIE certificate are as follows:

B. At present, the defendant has terminated a commissioning contract with the plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 12 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination

A. The plaintiffs' assertion had no choice but to sign a letter of confirmation in order for them to sign a commission contract with the defendant. Thus, the above agreement constitutes anti-social order and unfair legal act, and even if it is not null and void, the above agreement is an agreement that is not included in a commission contract, and thus, it is not effective for the plaintiffs

Therefore, notwithstanding the dismissal of the plaintiffs, the defendant should pay a premium reserve to the plaintiffs.

B. First of all, the contents of a written confirmation are printed in advance at the time of preparation of a written confirmation, as to whether the preparation of a written confirmation is invalid as an anti-social order or an unfair legal act.