logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.09.21 2018가단79953
근저당권말소 및 부동산경매신청취하 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Fact-finding;

A. On January 25, 2016, the Plaintiff entered into the instant commissioning Agreement with the Defendant (hereinafter “FC”) as follows.

(1) The FC shall perform the duties entrusted by the defendant as an independent business operator, and the term of the contract shall be one year from the date of conclusion.

Except where the parties have notified the other party in writing not later than one month prior to the expiration date of the contract that there is no intention to extend the contract, the contract shall be deemed automatically renewed for one year on the same terms

② Business affairs entrusted by the Defendant to the Plaintiff are incidental business affairs for the brokerage of conclusion of insurance contracts, such as brokerage of conclusion of insurance contracts, maintenance and management of contracts, delivery of insurance subscription forms, insurance clauses and insurance policies, or business affairs closely related to the above business affairs, which are entrusted by the Defendant, and additional business affairs by application and consent of the FC.

3. When entering into a commissioning contract, the defendant fully explained the FC of the payment criteria for the fee, and the FC consents thereto.

The defendant shall set the payment date of the fee to FC, pay the fee in accordance with the payment standards within the fixed date, and if he/she intends to change the payment standards related to the fee, he/she shall notify the FC in advance, hear the opinion of the FC, and reflect it reasonably.

Where the insurance premium is not deposited and the insurance contract is not maintained due to the reason of invalidation, termination, etc., the defendant may recover the fees paid at the time of the new contract in accordance with the attached agreement and relevant regulations, and where the invalidated contract occurs due to termination (including invalidation and cancellation), the full amount of the fees already paid may be recovered.

(4) The defendant may establish the standards for continuing the entrustment of insurance solicitation (the minimum standards for maintaining commissioned contracts) by FC, and shall specify such standards in the attached documents.

(5) The defendant shall be FC.

arrow