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(영문) 부산지방법원 2019.05.30 2016가단350668

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is an insurance agency established for the purpose of concluding insurance contracts on behalf of the defendant, and has a general branch office established under the contract with the defendant.

B. On June 11, 2014, the Plaintiff concluded a contract with the Defendant for the commission of insurance solicitors through one of the Defendant’s overall control points, and worked as the Defendant’s insurance solicitor. On November 7, 2014, the Plaintiff prepared an agreement with the representative D of the above C branch (hereinafter “instant agreement”) on the following terms and conditions, as the head of the “E branch” branch, which is the independent bond-raising point under the above C branch, as delegated by the Defendant, and managed the insurance commission, etc. to be paid by the insurance solicitors.

The AB-C (Representative: D) shall be referred to as “A”, and the E branch (representative: the plaintiff) shall be referred to as “B”, and the agreement shall be concluded on the following matters:

1. “A” shall approve that “B” is registered as an I/A branch under the control of B-C (independent Accounting Points) on November 7, 2014.

2. “A” and “B” mean the contract period of two years (from November 7, 2014 to November 6, 2016), and where “B” wishes to convert to the general manager at the request of “B” after the lapse of two years, “B” shall be requested to approve the head office, and “B” shall be, upon approval of the head office, separated into the general manager at the time of approval of the head office.

Provided, That it shall be subject to the automatic extension at the request of a written termination by one month prior to the expiration of the contract.

3. The “A” is subject to a single payment by 93% after subtracting operating contributions from the total fee for the head office (cash) from November 17, 2014 to November 6, 2015, to “B”.

Pension, savings insurance, and water insurance (at least 10 years' payment: 10%, less than 100%, and less than 50%'s payment) lump-sum payment based on the evaluation of the application rate of operating contributions of the long-term credit contract performance shall be excluded from the evaluation application. 20,000.