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(영문) 서울서부지방법원 2017.10.17 2017나30204
환수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that runs the insurance business, etc. The Plaintiff’s insurance solicitor’s organization is an insurance solicitor (FP, Financisal Peer, Manner, hereinafter “FP or insurance solicitor”), intermediate-side insurance solicitor (SM, Sales Mager, hereinafter “SM or executive designer”), business family-type branch (PBM, hereinafter “PBM or business family-type branch office”), branch office (hereinafter “PBM or business family-type branch office”), and all of them are insurance solicitors status.

B. Of the business rules established in 2011 providing for general matters related to the organization of the Plaintiff’s insurance solicitor (the status, criteria for operating each insurance solicitor, fees, and collection criteria, etc.), “the redemption criteria for the settlement fee at the head of the business type branch”, which is the main issue of the instant case, shall be taken where the head of the business type branch (PBM) is removed within two years delegated by the head of the business type branch (PBM). Provided, That where the status is changed to the executive designer (SM), the delegation period shall be deemed not dismissed and the delegation period shall be calculated. The amount of redemption shall be recovered by 50% of the total settlement fee received from the first month

C. The Plaintiff planned to operate the “Catbee Branch” for the purpose of achieving the establishment of a branch and laying the foundation for stable business activities after having hired excellent human resources of another insurance company.

Article 11 (Standards for Maintenance of Minimum Qualification under Commission Contract) of the Commission Contract (Standards for Maintenance of Qualification) may determine the standards for the continuation of the Commission Contract (hereinafter referred to as "minimum standards for maintenance of qualification"), and the standards shall be specified in the attached documents or special agreements.

Article 13 (Termination of Contract) The head of the services branch office may terminate this contract at any time, and the Company may terminate this contract where the head of the services branch office falls under any of the following:

9.In the case of commission contracts, the accompanying documents or special arrangements shall be specified.

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