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(영문) 서울서부지방법원 2016.11.16 2015가합39289

양수금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 257,772,339 and 5% per annum from March 5, 2016 to November 16, 2016.

Reasons

1. Basic facts

A. Defendant A entered into a branch delegation contract (hereinafter “instant contract”) around April 2014 with Liberco Co., Ltd., a company specializing in insurance sales (hereinafter referred to as “stock company’s name”) and became a branch of “D branch”. The main contents of the instant contract are as follows.

Article 4 (Entrustment Business) (1) ① Representation and management of conclusion of insurance contracts within a branch (2) Incidental business for the maintenance and management of insurance contracts. (3) Incidental business for the conclusion of insurance contracts, such as subscription forms for insurance, terms and conditions of insurance, delivery of insurance policies, etc. (4) Business related closely to subparagraphs 1 through 3, which is entrusted by a company. (5) Business affairs such as maintenance, redemption, etc. related to fees, and performance under the regulations on redemption of raw resources. (6) Other business affairs necessary for the operation of a branch prescribed by the company. (1) The company shall pay the spot Management Fees at the branch office in accordance with the regulations on fees.

(2) The period for calculating the performance of a new contract to pay fees shall be from the date following the termination date of the new contract in the previous month to the closing date of the new contract in the previous month, and the amount of fees shall be from the first day of the current month to the last day of the next month, and the allowances shall be paid by the 2

(3) No allowances shall be paid from the termination date to a person who has terminated a contract without working until the payment date of fees under Article 6 (2).

(4) If a company needs to refund fees paid to the head of a branch office, the amount and method of refund shall be governed by the company's regulations.

(5) Where a company has caused enormous loss by intention or gross negligence due to extremely poor maintenance rate, the whole or part of the amount of such loss may be recovered.

B. Defendant B is subject to the instant contract between the head of the branch office around April 2014 and the Spanco.