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(영문) 서울중앙지방법원 2017.08.25 2016나81330
보험금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. Appeal costs and ancillary costs.

Reasons

1. On March 19, 2012, the Plaintiff entered into an agency contract with the Han Information Telecom Co., Ltd. (hereinafter “instant agency”) with the content that the Plaintiff’s recruitment and management of franchise stores shall be delegated to the instant agency and the commission shall be paid in return for performing its duties.

(hereinafter “instant agency contract”). On January 2013, the Defendant entered into a performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the instant agent, the main contract as the instant agency contract, and with the policyholder from January 10, 2013 to January 9, 2014, with the content of the instant agent, the Plaintiff, and the insured from January 10, 2013 to January 9, 2014, with the content of the guarantee as “payment guarantee under the agency contract” and the amount of the insurance as KRW 50,000,000.

The purpose of the special agreement (Article 1 of the Special Agreement) - The summary of the project (Article 3 of the Special Agreement) - the project project that the instant agency has agreed to newly attract in accordance with the special agreement on the grounds of the items of payment of separate fees under the non-factory cash contract and the rights and obligations of both parties related to such payments, separately from the service fees under the instant agency contract and the sales policy concluded by the instant agency, for the purpose of prescribing the relationship between the two parties related thereto (Article 2(1) of the Special Agreement) and the Plaintiff’s business policies - the number of project agreements commenced and operated: 80,000 cases - April 1 to September 30, 2013 - the settlement of the project (the evaluation date of the project): The number of project projects executed on October 2013 (the period of project evaluation) - the project is less than 4,80,000 won for the non-factory cash contract (the special agreement) and the evaluation date of the project is less than 30 days.

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