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(영문) 서울중앙지방법원 2015.05.21 2013가합538046

부당이득금

Text

1. The acquisition of an insurance contract concluded on February 27, 2012 by the Plaintiff and the Defendant is also invalid.

2. The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company whose purpose is life insurance and non-life insurance sales business. On June 3, 2003, the Plaintiff is the Dongbu Fire & Marine Insurance Co., Ltd. (hereinafter “Dongbu Fire”) (hereinafter “Dongbu Fire”).

(2) The Plaintiff entered into an insurance contract with an insurance agency, recruited policyholders on behalf of the same fire and managed the insurance contract in accordance with the above insurance agency contract, and paid fees to the same fire. The Plaintiff has been engaged in soliciting and managing the insurance in accordance with such agreement (hereinafter referred to as the “instant status”).

(2) The Defendant is a company whose purpose is insurance sales agency business, etc.

B. 1) The Plaintiff and the Defendant entered into an agreement on business partnership with the Plaintiff and the Defendant on August 5, 2010 (hereinafter “instant agreement”).

(1) The Plaintiff and the Defendant cooperate with each other on the following matters so that the instant agreement can be smoothly implemented (paragraph (2) i) the Plaintiff may request the Defendant to create an environment for business support, such as offices, office fixtures, and women, after the conclusion of the instant agreement, and the Defendant shall actively cooperate therewith.

However, the expenses incurred therefrom shall be the amount that the defendant first lent to the plaintiff, and the plaintiff shall settle and pay to the defendant later.

(2) The Plaintiff and the Defendant cannot unilaterally terminate the instant agreement unless they violate the terms of the instant agreement, and shall compensate for the amount equivalent to two times the expenses incurred after the conclusion of the instant agreement, if they fail to perform the obligations of the instant agreement intentionally or by negligence (paragraph (1) 2).

Plaintiff B.