(영문) 광주지방법원 2014.07.02 2013가단4369

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(영문) 광주지방법원 2014.07.02 2013가단4369

손해배상(기)

Text

1. The Defendant’s KRW 45,300,000 as well as the annual rate of KRW 5% from July 4, 2013 to July 2, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. (1) On November 2010, C, the representative of the Defendant Company, proposed the Plaintiff to establish a branch office and work as a branch office of the Defendant Company. On January 201, 201, C, as a representative of the Defendant Company, established a branch office of the Defendant Company by leasing an office located in D and purchasing office fixtures, etc. around the early night. The Plaintiff was appointed as the branch office of the said branch office around that time. (2) On February 3, 2012, the Plaintiff was working as the head of the said branch office of the Defendant Company. (3) On February 3, 2012, the Plaintiff acquired the said branch office from the Defendant and entered into a branch office contract with the Defendant, which is separate from the Defendant. The main contents of the contract are as follows.

(hereinafter referred to as the "instant branch contract". (Purpose) The purpose of this contract is to stipulate basic rights and duties relating to life insurance and non-life insurance business between the head office and the branch office.

Article 3 (Rights and Duties of Main Company) (3) The head office shall pay the fees for the branch office for life insurance and non-life insurance sold as B qualifications for the branch office.

Article 4 (Rights and Duties of Branch Offices) (4) Where fees paid under the regulations on fees for the branch offices of the head office have been recovered, the branch offices shall observe the regulations on the recovery of the head office.

(3) Where a branch office refunds all or part of the premiums received by the head office due to the change, invalidation, invalidation or termination, etc. of the terms and conditions, etc. of the relevant insurance contract, it shall immediately refund the amount of fees equivalent to the relevant refunded premiums to the head office.

(4) Where there is fees for a branch office to be paid to the branch office, the head office shall recover the amount equivalent to the amount to be refunded to the head office under paragraph (3) after preferentially deducting it.

Article 11 (Termination of Contract) The head office or branch office shall terminate this contract in writing in any of the following cases:

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