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(영문) 서울중앙지방법원 2015.07.14 2014가합61109

손해배상

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 a company running an insurance business in accordance with the Insurance Business Act and the relevant statutes. The plaintiff is a person who has entered into an insurance agency contract with the defendant for the purpose of mediating the conclusion of the insurance contract and acquiring the fees, etc. incidental thereto.

B. (1) Around April 2, 2002, the Plaintiff and the Defendant concluded an insurance agency contract with the purport that the Plaintiff, as the Defendant’s agent, shall conclude an insurance contract on behalf of the Defendant, receive premiums, manage insurance premium receipts, and conduct incidental business thereto, and pay agency fees (hereinafter “instant insurance agency contract”).

(2) The instant insurance agency’s contract term is one year from the date of entering into the contract, and the contract term was automatically extended by one year, except where the parties notified in advance that they did not intend to postpone the contract. Of the instant insurance agency’s contract, the content of the commission and the amendment of the terms and conditions related to the instant case

[2] Article 6(1) of the Insurance Agency Contract of April 2, 2002] The Company shall pay an agency fee determined by the Company in accordance with the Insurance Supervisory Regulations.

Article 1 (Agreement) Company and Agency of the Addenda may make a separate agreement on the details not specified in this Agreement.

[1] Article 6 (Fees) (1) of the Act on September 18, 2008 and each insurance agency contract dated November 10, 2010] (1) The agency fees shall be paid in accordance with the provisions related to fees separately determined by the company.

2. Upon entering into this contract, the Company shall explain to the Agency the terms of the fees in paragraphs (1) through (4).

Article 7 (Change in Details of Contracts) (2) When a company amends the regulations, guidelines, etc. of a company related to entrusted affairs, such as payment of fees, it shall notify the agency of the details of the change in advance, and make it available for perusal at all times

The company shall notify and post the changed contents.

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