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(영문) 서울중앙지방법원 2018.11.09 2016가단139160
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 2013, the Plaintiff entered into a commissioning contract (hereinafter “instant commissioning contract”) with C, an insurance agency (GA), and served as an insurance solicitor, while engaging in the business of mediating the conclusion of an insurance contract, maintaining and managing the insurance contract, etc., while engaging in the business of insurance solicitors. The Defendant Company (D Co., Ltd. prior to the change) merged C on December 2, 2013 and succeeded to the instant commissioning contract after the merger of C on January 17, 2014.

As to the allowances, the Plaintiff and the Defendant Company agreed on the same content as the FP Allowance Regulations (hereinafter referred to as the “instant allowances regulations”) under the following.

B. Details of commission contract and allowance regulations between the plaintiff and the defendant company are as follows.

Article 2 (Status of FP of Commission Contract)

1.The FP shall, as an independent businessman, carry out the functions entrusted by the Company under this contract;

2. The provisions of the Labor Standards Act concerning workers of the company and other provisions concerning the company and its employees such as the rules of employment of the company shall not apply to the FP.

Article 3 (Term of Contract)

1. The term of this contract will be for one year from the date of conclusion of the contract.

However, only if the company and the FPer do not notify the other party in writing that there is no intention to extend the contract one month prior to the expiration of the contract, the contract shall be automatically extended by one year.

2. This contract may be terminated with a written notice given to the other party one month prior to the expiration of the contract period;

Article 4 (Entrusted Business) Business affairs that a company entrusts to the FP shall be as follows:

1) The maintenance and management of an insurance financial product or service product contract is 2) the maintenance and management of an insurance contract is 3) the important description of the terms and conditions of the insurance contract is 4) if the 5FP is entrusted with the functions of branch offices, education management, IT management and other management affairs, etc. separately determined by the relevant regulations, etc.

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