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(영문) 전주지방법원 2019.04.04 2017나12595

청구이의

Text

1.The judgment of the first instance shall be modified as follows:

A notary public of the defendant against the plaintiffs on May 2015 is a law firm D.

Reasons

1. Facts of recognition;

A. On March 18, 2015, the Defendant engaged in the insurance agency business, etc. entered into a delegation contract with the Plaintiff Company A, whereby the Defendant delegated the said Plaintiff with the duties of acting for, managing, etc. the conclusion of the insurance contract within the Jeonju Branch and paid fees (hereinafter “instant contract”).

Article 4 (Period and Standard of Contract) of the Delegation Contract for the Head of a Branch shall be three years from the date of conclusion of the contract, and (Omission) Article 5 (Special Support and Compensation for Damages) A (Defendant) shall assist B (Plaintiff) with the total amount of KRW 500,000 per month from the following month of commission x 30,000 won for six months.

However, Eul (Plaintiff) shall achieve the monthly payment of 80,000 won for the initial one year, and shall recover at the rate of insufficient ratio when it falls short.

When early termination is made within the three-year contract period, the entire amount shall be recovered.

VIII.(Office, office, equipment, etc.) In principle, the Company shall install office, office, fixtures, interior, etc. at the location of the Company as owned by the Company.

If the lease is terminated even during the three-year contract period, Eul (Plaintiff) shall compensate for the monthly rent and management expenses for the remainder of the lease period for five-month, the collection equipment, fixtures, and expenses incurred in the collection and repair of the interior and restoration to the original state.

Article 11 (Termination during the Period of Contract) A company may terminate a delegation contract even during the period of contract where the head of the branch office falls under any of the following subparagraphs:

1. Where it falls under the grounds for revocation of registration of insurance solicitors under the Insurance Business Act;

2. Where documents submitted to the company are forged, altered or falsely prepared;

3. Where he violates the matters of Articles 6 through 10;

4. Where matters to be observed under a contract are intentionally or by negligence, and the regulations and guidelines of the company related to the delegation affairs are violated.

B. The main contents of the instant contract are as follows.

C. On May 4, 2015, Plaintiff A and his birth Plaintiff B, if the instant contract is terminated earlier, the special subsidy of KRW 30,000,000, which the Plaintiff agreed to return to the Defendant and the Defendant’s branch office.

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