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(영문) 수원지방법원 2016.05.31 2014가단63038
청구이의
Text

1. A notary public C office of the Defendant against the Plaintiff A is a promissory note No. 397, 2014, written on April 24, 2014.

Reasons

1. Basic facts

A. From April 2005, Plaintiff B engaged in insurance business, and was an insurance solicitor of LIG damage insurance from April 2013 to March 2014, 2014. Plaintiff A is the children of Plaintiff B, and the Defendant is an independent corporation agency (GA, Generalcy) selling insurance. Plaintiff B entered into the instant commissioning contract with the Defendant, and established the Defendant’s D Branch (hereinafter “D Branch”).

B. (1) On March 24, 2014, the Defendant entered into a commission contract with each insurance solicitor (hereinafter collectively referred to as “instant commission contract”), and the main contents are as follows.

Section 2 (Composition of Contract) This Agreement shall consist of insurance solicitors commission contracts and written pledges.

1. A contract for the commission of an insurance solicitor (1) General Provisions (2) The appointment and dismissal of an insurance solicitor (3) The contract term of this contract under Article 4 (Contract Term) of the Fee Regulation shall be one year from the date of conclusion of the contract and shall be automatically extended one year, except when the company or the insurance solicitor notifies in writing not later than one month before the expiration of the contract that there is no intention

Article 14 (Restrictions on Dismissal and Commissioning) A company may, in cases where an insurance solicitor falls under any of the following subparagraphs, dismiss him/her or limit the whole or part of the commissioned affairs, and, in cases of such dismissal, not pay any allowances incurred after his/her dismissal, and in cases where the whole or part of the commissioned affairs is restricted, a company may choose not to pay allowances or suspend payment during the period of restrictions on commission affairs:

(4) Where the amount of allowances to be recovered exceeds the maintenance fees due to the invalidation, cancellation, etc. caused by the failure to pay insurance premiums for a contract sold by an insurance solicitor on purpose or by gross negligence, or where he/she violates any provision of this contract, regulations of a company related to entrusted duties, or contracts.

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