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(영문) 서울중앙지방법원 2020.11.27 2019나50511
손해배상(기)
Text

The Plaintiff’s appeal against the Defendants and the Plaintiff’s selective choice in this court against Defendant B Co., Ltd.

Reasons

1. The facts constituting the following facts can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 to 7, Eul evidence Nos. 1 to 1 (including additional numbers), Eul evidence Nos. 2 and 3, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:

On September 18, 2017, the Plaintiff entered into a commissioning Contract (hereinafter “instant commissioning Contract”) with the Defendant Company, which is engaged in insurance agency business, with the terms of commissioning the Plaintiff as an insurance solicitor (except in special circumstances, FC) of the Defendant Company (hereinafter “FC”), and Defendant C was in the position to direct and supervise the Plaintiff’s work as the head of the Sungnam Project Association of the Defendant Company, which was working for the Plaintiff.

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

[FC Commission Contract] Article 3 (Entrustment Business] Company shall entrust FC with the following affairs:

Article 11 (Prohibition of Unfair Practices against FC) of additional entrusted duties due to a request or consent of the FC, which are those closely related to the business referred to in subparagraphs 1 through 3 and which are incidental to the brokerage of conclusion of insurance contracts, such as maintenance and management of insurance subscription forms, delivery of insurance clauses, insurance policies, etc., and which are entrusted by the company, shall not engage in any unfair conduct to the FC as follows:

2. Failing to perform contractual obligations;

3. Summary of termination;

Article 19 (Minimum Criteria for Maintenance of Commission Contracts) The Company may establish the standards for continuing the entrustment of insurance solicitation (hereinafter referred to as "minimum standards for maintaining Commission contracts") by FC, and the standards shall be specified in the attached documents.

Article 20 (Termination of Commission Contracts) A company may terminate this Agreement in any of the following cases:

except that if the company terminates this contract, it shall notify the FC in writing not later than 30 days prior to the termination.

provided, however, that:

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