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(영문) 서울서부지방법원 2019.11.20 2019가합33678

손해배상(기)

Text

1. The Defendant’s KRW 678,060,558 among the Plaintiff and KRW 485,583,618 among the Plaintiff, shall be from August 30, 2013, and KRW 56,126,315.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company running an insurance business. The Defendant, on December 10, 2010, entered into a contract with the Plaintiff for commission of a life insurance solicitor, and served as the Plaintiff’s insurance solicitor from December 30, 2013. 2) The main contents of the above commission contract are as follows.

Article 4 (Entrusted Business) Business affairs entrusted by a company (Plaintiff) to a designer shall be as follows:

1. Mediation of conclusion of insurance contracts;

2. Maintenance and management of insurance 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.In addition to the above-mentioned duties, the designer shall faithfully observe the following matters:

(1) In the performance of entrusted duties, the relevant Acts and subordinate statutes, such as the Insurance Contract Act, the Insurance Business Act and the Insurance Supervisory Regulations, and the related regulations and business systems of the company, and detailed guidelines determined by the company in relation thereto shall be observed and no act, such as inducing, promoting, aiding and abetting insurance fraud, shall be committed.

(2) No confidential information, information, data, etc. of a company, which is widely known in relation to this contract, including customer information, insurance contracts, financial transaction information, and other credit information of customers, shall be used for his/her own interest or disclosed, divulged, or provided to any third party, including the press, even after the termination of this contract, as well as for commissioning.

(3) No company shall conduct activities, such as visits, advertisements, publication of letters, publication of guide books, issuance and distribution with respect to a company or other insurance companies, on newspapers, magazines, other publications, computer communications, etc. without prior written approval of the company.

(4) When soliciting insurance, the contractor and the insured perform their duties of customer care by verifying their identity through a real name verification certificate.

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