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(영문) 서울중앙지방법원 2016.10.13 2015가합532028
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence Nos. 1, 2, 4, 5, 6, and Eul evidence No. 20 (including serial numbers, unless otherwise specified; hereinafter the same shall apply):

The defendant is an insurance company that runs the life insurance business. The plaintiff is an insurance agency under the Insurance Business Act that entered into a contract with the defendant on March 2003 and received fees in return for the mediation of conclusion of the life insurance contract, the maintenance and management of the insurance contract, etc. after being entrusted by the defendant. It is a company that runs the insurance agency business with B points, C points, D points, and E points in addition to the main office of the plaintiff.

The terms and conditions of the insurance agency contract entered into between the Plaintiff and the Defendant and the insurance agency contract entered into several times, and finally, on March 5, 2013, the insurance agency contract was entered into for two years (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 2 (Entrusted Services) Any corporate agent shall be entrusted by the Company with the following affairs:

(1) Business relating to loan recruitment, such as brokerage (for example, lines of sale of group insurance, lines of sale according to company policies), consultation and introduction, etc. of conclusion of insurance contracts.

1. The duration of this Agreement shall be two years from March 5, 2013, the date of the execution of the Agreement.

2. Except where the company or the corporate agent notifies the other party in writing not later than one month before the expiration of the contract period that there is no intention to extend the contract, this contract shall be deemed automatically renewed for two years under the same conditions;

Article 6 (Payment of Commissions for Corporate Agents)

1. The company shall be a juristic person or agent determined by the company in connection with performance of entrusted affairs of its juristic person or agent;

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