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(영문) 서울중앙지방법원 2019.11.13 2019가합518372
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff C branch office (hereinafter "branch office") and the defendant of the D branch office affiliated with the branch office enter into a delegation contract with the head of the branch office as follows:

[Purpose of this Agreement] The purpose of this Agreement is to determine necessary matters, such as duties delegated by the branch office to the head of a branch, the status, rights and obligations of the branch office, and to determine the standards for granting incentives therefor.

Article 2 (Status of Branch Head) The term "branch Head" means an insurance solicitor provided for in Article 2, subparagraph 9 of the Insurance Business Act, who has entered into a delegation contract with the branch office for the purpose of performing the delegated duties specified in Article 3 (Delegation Duties of the Branch Head) below with respect to the branch, business team, FP, etc. delegated by the branch office:

Article 3 [Delegation Services at the Head of Branch Office] (1) Introduction, registration, fostering, settlement, management and supervision of the FP (Agency Designer) under its control. (2) Management and supervision of the FP (Agency Designer) under its control. (8) Affairs delegated by the branch office as those closely related to paragraphs (1) through (7) [Period of delegation contract at the head of the Branch Office] ① The period of delegation contract shall be from July 1, 2017 to June 30, 2019.

Article 8 [Promotions] (1) Incentives for Branch Branches shall be paid according to the standards for granting incentives for Class 2 Branch Branches, and business income shall be reported individually for incentives paid from the branch offices.

Article 10 (Termination of Delegation Work) The branch office may cancel the delegation contract even during the delegation contract period where the head of the branch office falls under any of the following subparagraphs:

(1) When the head of a branch office dies (2) When he/she applies for early cancellation of the delegation contract, and the branch office agrees thereto.

A. On July 1, 2017, the Plaintiff’s C Branch Office, a company engaged in insurance agency business, etc. entered into a delegation agreement with the Defendant on the head of the branch office affiliated with the said branch office (hereinafter “instant contract”). The content of the instant contract relating to the instant case is as follows.

B. The Defendant on September 27, 2017

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