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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. On May 6, 2008 and May 26, 2008, the Plaintiff entered into an appointment contract (hereinafter “instant commission contract”) with Defendant G with Defendant H as follows. Under the instant commission contract, the Defendants were commissioned as the Plaintiff’s insurance solicitor, and the Defendants received certain fees from the Plaintiff and agreed to perform their duties, including brokerage of the conclusion of the insurance contract.
[SM Commission Agreement] Article 1 (Status) of the Insurance Business Act, when entering into a contract with the Plaintiff, the status of SM shall be governed by the Insurance Business Act’s guidelines for life insurance solicitors and the Plaintiff’s insurance business.
Article 3 (Delegation of Authority) The plaintiff shall delegate the following affairs to SM:
1. Providing policyholders with insurance-related services;
2. Article 5 (Allowance Allowance) of the Act on the Employment of High-Quality FC and the Management of FC under its control, the Plaintiff shall pay to SM all allowances incurred in relation to the delegation affairs set forth in Article 3.
The payment and redemption of various allowances shall be governed by the SM insurance business guidelines.
Article 7 (Composition of Contracts) SM has sufficiently reviewed the plaintiff's insurance business guidelines related to delegated work processing and allowances at the time of the conclusion of this Agreement, and recognized that these business guidelines become part of this Agreement.
[FC Commission Agreement] Article 3 (Entrustment Business] The duties entrusted by the Plaintiff to FC are as follows:
1. Mediation of conclusion of insurance contracts;
2. Article 5 (Payment, etc. of Fees) (1) The Plaintiff shall pay the FC fee within the fixed date in accordance with the provisions related to the fee.
② Upon entering into this contract, the Plaintiff shall explain to the FC the content of the fee-related provision under paragraph (1).
(3) Where any ground for refund of fees provided for in the business guidelines of insurance arises, such as termination (Invalidity), cancellation, invalidation, cancellation, etc. of a insurance contract solicited by the principal, the FC shall refund the fees already received to the Plaintiff in accordance with the insurance business guidelines.
B. The Plaintiff’s FY208 Insurance Business Guidelines (hereinafter “the Plaintiff”).