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(영문) 수원지방법원 2018.06.07 2017나67315
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

The defendant's notary public against the plaintiff is a law firm on May 2013.

Reasons

1. Basic facts

A. The Defendant operates “D” with an insurance sales organization under the independent insurance agency (GA) that handles the goods of multiple insurance companies (hereinafter “non-corporate company”) C (hereinafter “non-corporate company”).

B. Around December 2012, the Plaintiff received a proposal from the Defendant as the head of the branch office under D, and around March 2012, the Plaintiff established the E branch office under D (hereinafter “instant branch office”). From June 2013, the Plaintiff worked as the head of the instant branch office under 805 (hereinafter “instant office”).

C. At the time of the establishment of the instant branch, the Plaintiff entered into an agency designer’s commission contract (hereinafter “instant commission contract”) with the non-party company, which provides that the commission of sales brokerage, etc. entrusted by the non-party company shall be performed (hereinafter “instant commission contract”).

The part relating to the issue of the instant case in the instant commissioning contract is as follows.

[Agency Designer's Commission Contract] Article 2 (Incorporation of Terms and Conditions of Contract) of the Agency Designer's (hereinafter "Designer") is subject to the "Rules on Commission of Designer's" and the "Business Regulations" prescribed by the company to which the Designer belongs. This provision constitutes a part of this Agreement.

[Commission Regulations for Designer] Article 9 (Fee)

1. The fees of the designer shall be governed by the “Rules on the Designer Fee System” of the non-party company.

2. Where a fee is refunded due to the invalidation, termination, failure to maintain, etc. of a contract, the amount to be recovered must be returned to the corporate account immediately, and the timing and methods thereof shall be governed by the “Business Regulations of the non-party company.”

In order to guarantee the collection of fees, etc. that may be incurred to the defendant in the course of operating the instant branch, the Plaintiff issued to the defendant a copy of a promissory note, the par value of which is 50,000,000, and the payment of which is payable at sight on May 14, 2013, and to recognize and recognize that there is no objection even if the payment of the said note is delayed.

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