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(영문) 의정부지방법원고양지원 2016.02.04 2014가합2556

손해배상(기)

Text

1. The defendant,

A. 36,764,605 won and 5% per annum from October 7, 2015 to February 4, 2016 to Plaintiff A.

Reasons

1. Basic facts

A. The Defendant sold insurance products of the Gyeyang Life Insurance Co., Ltd. (hereinafter “Dongyang Life Insurance Co., Ltd.”) through the Home Shopping Broadcasting, which aims to produce and supply home shopping broadcasting programs, etc.

B. On December 5, 2012, Plaintiff A, and Plaintiff B, around April 29, 2013, prepared a commission contract under the following contents (hereinafter “instant commission contract”) with the Defendant (hereinafter “B” refers to the Plaintiffs; “A” refers to the Defendant); and the Defendant provided customer information secured in the home shopping business process and sold insurance products through Tele-Marting (the method of insurance solicitors, etc. sell insurance products to customers by telephone; hereinafter “TM”).

Article 1 The purpose of this Agreement is to commission Party B to handle certain affairs for attracting insurance for customers, and to handle the commissioned affairs with the care of a good manager.

Article 2 (Status B) An independent business entity shall perform the duties entrusted by A under a commissioning contract.

B shall not apply to the rules of employment and all the provisions applicable to Gap employee.

Article 3 (Period of Contract) Contract of a commissioned contract shall be one year from the date of conclusion of the contract.

However, if there is no request for the termination of a written contract between the two parties one month prior to the expiration of the contract, it shall be considered automatically renewed for one year under the same condition.

Article 4 Duties to be performed shall be as follows:

1. Mediation of conclusion of insurance contracts;

2. Maintenance and management of holding contracts;

3. Incidental business for brokerage of conclusion of insurance contracts, such as subscription forms for insurance, terms and conditions of insurance, and delivery of insurance policies;

4. The duties closely related to such duties as set forth above.

5. Fees for soliciting insurance under Article 6 of the Act on the Protection, etc. of Additional Entrusted Services by Request or Consent, other than those set forth above.

1. A shall be the same as the performance of the duties as provided for in Article 4.