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(영문) 서울중앙지방법원 2016.09.07 2016나25521

수당반환

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Affairs entrusted by a company under Article 4 (Entrustment of Affairs) to a designer shall be as follows:

1. Mediation of conclusion of insurance contracts;

2. Incidental business for the maintenance and management of holding contracts;

Article 5 (Change of Details of a Contract) (1) In the event of any change to the terms and conditions of a contract, the company shall notify the designer so that the details of the change can be verified, and obtain his/her consent.

(2) A company may amend the regulations, guidelines, etc. of a company relating to commissioning contracts.

In such cases, the company shall explain the changed details to the designer, and notify the changed details through in-house computer network or store posting, etc., and shall make it available for regular perusal.

Article 6 (Payment, etc. of Allowances) (1) A company shall pay a designer's allowance within the fixed period pursuant to the "Standards for Payment of Allowances within Business Regulations" as determined by the company.

(2) When concluding this contract, the Company shall explain the guidelines for the payment of allowances under paragraph (1) to the designer and obtain his/her consent.

(3), (4), and (5) omitted.

A. On October 14, 2009, the Plaintiff is an insurance solicitor who runs the insurance business, and the Defendant entered into a contract for commission of insurance solicitors (hereinafter “instant commissioning contract”) with the Plaintiff on the following terms and conditions (hereinafter “instant commissioning contract”). From around that time to August 1, 201, the Plaintiff is an insurance solicitor who performs the business of mediating the conclusion of insurance contracts, etc.

B. At the time of formulating the above commission contract (hereinafter “instant commission contract”), the Defendant confirmed the Plaintiff’s “standards for the payment and redemption of allowances within the business guidelines (hereinafter “instant restitution criteria”)” and signed and sealed the Plaintiff’s “written confirmation of the contents of the payment criteria for allowances and the written confirmation of the accommodation” (hereinafter “instant confirmation”).

(c).