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(영문) 서울남부지방법원 2017.01.20 2016가단25038
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The contract term of a commission contract under Article 3 (Contract Term) of the basic facts shall be one year from the date of conclusion of the contract;

However, it shall be deemed that the company or designer automatically has been renewed for one year under the same conditions, except where the other party has been notified in writing not later than one month prior to the expiration date of the contract.

Article 6 (Allowance for Insurance Solicitation Fees, etc.) (1) A company shall pay the fees of a designer within the fixed date in accordance with the "Standards for Payment of Fees within Insurance Business Regulations" (hereinafter referred to as "Standards for Payment of Fees") set by the company.

Article 12 (Minimum Criteria for Maintenance of Commission Agreements) (1) A company shall separately determine and implement the standards for continuing subscription to insurance contracts by a designer (hereinafter referred to as "standards for maintaining commission contracts") for each sales channel.

(2) "Standards for maintaining commission contracts" may be applied to the performance of new insurance solicitation, the maintenance performance, etc. of solicited insurance contracts by sales channels, and shall not be applied unfairly only to a specific designer.

Article 13 (Termination of Commission Contracts) (2) A company may terminate a commission contract with a designer by written notice even during the period of commission contract in any of the following cases, and shall not terminate this contract with a designer unfairly for reasons other than those set forth in the following subparagraphs:

6. Where the recruitment records, etc. of a designer fall short of the minimum standard for maintaining commission contracts. (4) Where a designer terminates a commission contract, the company shall give the designer an opportunity to vindicate and determine whether to cancel the commission contract, except where the cancellation of registration falls under the grounds for cancellation

(5) Where a company terminates a commissioning contract because it falls short of the minimum standards for maintaining commission contracts, the company shall notify the designer that the contract falls under the subject matter of termination 20 days prior to the scheduled date of termination.

On December 14, 2012, the plaintiff is the defendant who runs the life insurance business and the following contents.

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