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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is an insurance company with the aim of insurance business prescribed by the Insurance Business Act. The plaintiff is a corporate insurance agency which entered into a contract with the defendant, corporate insurance agency (GA and General Childcy), which entered into a contract with the defendant, and is an agency specialized in the sale of insurance.
(b).
(1) On January 2009, the Plaintiff and the Defendant concluded a life insurance contract with the content that the Defendant entrusts the Plaintiff with the affairs of soliciting and managing life insurance, etc. and the Plaintiff is entrusted with the relevant entrusted affairs (hereinafter “instant agency contract”).
The agency contract of this case was concluded. The main contents of the agency contract of this case are as follows. Article 9 (Entrusted Business) ① Company (Defendant)
) An agency (referring to the Plaintiff) for the following business affairs:
1. All affairs related to new contracts, such as brokerage of conclusion of insurance contracts, receipt of subscription forms and computerized inputs, etc. (Provided, That the acceptance of subscription is excluded) are excluded.
2. Affairs for services to maintain holding contracts, such as customer management and insurance premium collection, and affairs for policyholders' services;
3. All business incidental to the business referred to in subparagraphs 1 through 2, such as the delivery of subscription forms for insurance, certificates of insurance coverage and insurance clauses, the explanation of the major contents of the terms and conditions, the contents of insurance products (in particular, the major contents of products that the contractor should know).
The company can restrict the sales of the company's insurance products with high ratio of incomplete sales, and with respect to the agency frequently caused civil complaints due to incomplete sales.
Article 11 (Payment of Commissions) (1) A company shall act as an agent in return for the performance of entrusted duties of an agent.