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(영문) 서울중앙지방법원 2016.08.18 2013가합74672

손해배상(기)

Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) KRW 767,59,469 and KRW 428,084,313 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and the Defendants are contractual parties 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”) on February 1, 2008.

A) As to the instant agency contract between Defendant A and the Plaintiff, the life insurance agency contract between Defendant A and the Plaintiff (hereinafter “instant agency contract”).

A) A. From around that time to September 1, 2013, Defendant A entered into an insurance contract with the Plaintiff’s agent and performed the duties of acting as an agent for the Plaintiff. The main contents of the instant agency contract are as follows. Defendant A of Chapter A of Article 2 (Entrusted Services) of the Agreement on behalf of the Plaintiff. (1) The contract shall be two years from the effective date of the contract: (2) the receipt of premiums and the issuance of an insurance premium receipt, excluding the part of the goods determined by the Plaintiff; (3) the contract shall be automatically extended one year on the same terms and conditions when one of the parties’ termination and change is not notified by one month before the contract expires. Defendant A of Article 5 (Observance of Acts and subordinate statutes, regulations, and the Financial Supervisory Commission, the Financial Supervisory Commission, the Korea Life Insurance Association, and other relevant authorities, and all of the regulations, terms, rates, conditions, and other relevant provisions prescribed by the Plaintiff regarding proper performance of the entrusted duties and all of the terms and conditions related to the Plaintiff’s provision of confidential information and information related to the Plaintiff’s performance of the contract.