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(영문) 수원지방법원 2016.03.31 2015가단26937
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. On September 7, 2012, the Plaintiff entered into the following commissioning agreements with the KGE Co., Ltd. (hereinafter “SGE”) and was commissioned as an insurance solicitor belonging to the KGE C branch of the KGE C and served as an insurance solicitor.

Article 13 (Minimum Criteria for Maintenance of Qualification of Designer) (1) A company may separately determine the minimum standards for maintenance of qualification of Designer to continue the solicitation of insurance contracts, and a designer shall comply with the minimum standards for maintenance of qualification of Designer separately determined by the company.

Article 14 (Termination of Contract) (2) In case where a designer falls under any of the following subparagraphs, the Company may terminate this contract even during the contract period:

5. Where the performance of delegated duties of a designer falls short of the minimum standards for the maintenance of qualifications of a designer determined by the company, Article 15 (Procedures for Cancellation of Contracts and Time of Effective) (2) In cases where a designer falls under Article 14 (2) 6, the company shall give the notice of the termination of a contract to the relevant designer 20 days prior to the scheduled

The minimum standard for the maintenance of qualification of a designer shall not be less than 250,000 won at the beginning of the total conversion month for two consecutive months;

B. From November 1, 2012 to August 31, 2013, the Defendant served as the head of a branch office in Suwon Life Insurance Co., Ltd. (C) affiliated with the Suwon CentralFP Promotion Group, and served as the head of the branch office in Incheon D from September 1, 2013.

C. As of June 2013 and July 2013, the Plaintiff had not been engaged in soliciting insurance contracts for two consecutive months, and the total conversion monthly amount was zero in July 2013 and August 2013.

C. On August 12, 2013, the school life insurance sent a notice of termination of the commission contract to the Plaintiff, and on September 1, 2013, terminated the commission contract of the Plaintiff as an insurance solicitor.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 3, 4, and 6, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The Plaintiff’s assertion 1 is the Plaintiff on December 2012.

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