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(영문) 서울중앙지방법원 2020.02.04 2019가단5174794

손해배상(기)

Text

1. The Defendants jointly share KRW 34,426,165 against the Plaintiff and Defendant B with respect thereto from August 9, 2019, and Defendant C with respect to the Plaintiff on August 9, 2019.

Reasons

1. Basic facts

A. The Plaintiff is an insurance agency company, and D (hereinafter “D”) is a company that provides insurance broadcasting services through general programming or cable programming.

The purpose of this contract is to determine the contents of entrusted duties, rights, obligations, and other necessary matters in entrusting the management of insurance solicitation and contracts to insurance solicitors (referring to independent business operators engaged in all insurance solicitation, such as insurance solicitors, SM, AM, and CMF; hereinafter referred to as "insurance solicitors"), in the course of entrusting the management of insurance solicitation and contracts.

Article 1 Responsibilities and Contracts between Company of the Principle of Good Faith and Insurance Solicitors shall be faithfully performed in accordance with the principle of good faith on the basis of mutual benefits, and the primary liability for all business matters (such as all financial matters related to recruitment contracts and contracts, civil petitions due to incomplete sales, etc.) arising from the company is made by the insurance solicitor in charge.

Article 3 Insurance solicitors of business of insurance solicitors shall perform the brokerage of conclusion of insurance contracts of the company and affairs incidental thereto faithfully in accordance with the regulations set by the company and business procedures.

Article 4 Contract Terms and Commission Documents

1. An insurance solicitor shall conclude a commission contract with the company, and the contract period shall be one year from the date of conclusion of the contract;

B. 1) Defendant B served as the head of broadcasting headquarters from May 2015 to November 2015, 2015, and Defendant C served as the head of a branch office for the same period. Defendant C was working as the head of a branch office for the same period. Defendant C and Defendant B entered into a business agreement with D on June 12, 2015, and July 27, 2015, respectively, with the following terms and conditions as the Plaintiff for the purpose of selling insurance products for which the business agreement was entered into with D (hereinafter “each of the instant commission agreements”).

2) After conclusion, Defendant B collected customer information, including the name and telephone number of the potential customer who has placed a counseling call during the insurance broadcast, and distributed and managed it to the head of each branch office of the Plaintiff.