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(영문) 대구지방법원 2020.12.08 2019나7202
수수료반환
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The Defendant (Counterclaim Plaintiff) filed in this Court against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs an insurance agency business, and the Defendant is an insurance solicitor who entered into an entrustment contract with the Plaintiff from February 2, 2017 to June 2018 and performed the business of mediating the conclusion of an insurance contract and receiving insurance premiums.

B. On February 21, 2017, the Plaintiff entered into a contract with the Defendant to commission the Defendant as an insurance solicitor of the Plaintiff (hereinafter “instant commissioning contract”).

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

Article 1 (Purpose) The purpose of the contract is to determine matters necessary for the performance of the business delegated by the company, such as brokerage of the conclusion of the contract for goods of life insurance companies and non-life insurance companies (hereinafter referred to as "insurance companies") that have entered into the contract with the company, receipt of insurance premiums, incidental business, etc.

Section 2 (Composition of Contract) This Agreement shall consist of commission contracts and written pledges.

1) A commission contract under Chapter I (1) General Rules of a commission contract under Chapter II (2) The commission and dismissal of an insurance solicitor under Chapter II (3) a written oath to comply with the order of insurance solicitation under Chapter III (2). (2) a pledge to comply with the order of insurance solicitation (3) a pledge to fully sell: (4) a pledge to maintain confidentiality and a confidentiality pledge (5) a pledge to provide and utilize personal credit information (7) a company shall pay or recover an allowance to an insurance solicitor under the conditions as stipulated in the commission contract [the payment and redemption of Chapter III Allowances]. (2) a company shall sufficiently explain the essential contents of the commission contract to the insurance solicitor within seven days after the conclusion of the initial commission contract (the explanation of important matters concerning the payment of allowances and restitution) and receive from the insurance solicitor [the confirmation of the payment of allowances].

3) An insurance solicitor shall be paid to the insurance solicitor if the insurance contract solicited by the insurance solicitor becomes invalid, terminated, quality assurance, cancellation of order, and failure to maintain the opportunity of assistance.

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