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(영문) 부산지방법원 2015.07.02 2014가합53670
보험수당적립금반환청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

1. It is aware that the LIFE is a system that provides additional support, separate from existing allowances, in accordance with the company’s relevant regulations, to suggest long-term operations, and that it is a system that sets aside a certain rate for the previous year and pays the previous year more than five years after the date of accumulation.

2. I confirm that the amount accumulated pursuant to the above LIFE may be paid when the principal maintains a commissioning relationship with the company and shall not be paid in full for any amount for which five years have not elapsed from the time of accumulation.

3. I confirm that, if he is dismissed, he is not entitled to all payments for the above accumulated amount in any case.

Upon entering into a contract with the defendant for appointment of insurance solicitors, the plaintiffs signed the LIFE certificate (the Long-Term Excll, hereinafter referred to as the "LIE certificate") and the main contents of the LIE certificate are as follows:

B. At present, the defendant has terminated a commissioning contract with the plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 12 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination

A. The plaintiffs' assertion had no choice but to sign a letter of confirmation in order for them to sign a commission contract with the defendant. Thus, the above agreement constitutes anti-social order and unfair legal act, and even if it is not null and void, the above agreement is an agreement that is not included in a commission contract, and thus, it is not effective for the plaintiffs

Therefore, notwithstanding the dismissal of the plaintiffs, the defendant should pay a premium reserve to the plaintiffs.

B. First of all, the contents of a written confirmation are printed in advance at the time of preparation of a written confirmation, as to whether the preparation of a written confirmation is invalid as an anti-social order or an unfair legal act.

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