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(영문) 서울북부지방법원 2018.05.31 2018나30212
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant is the representative of D branch office of the Bail Holdings Co., Ltd. (hereinafter “Bail Holdings”) (hereinafter “instant branch”).

B. Around 2015, the Plaintiff: (a) drafted a commission agreement with the trading company and the Defendant for the following contents (hereinafter “instant commission agreement”); (b) signed the written consent of the written consent (hereinafter “instant written consent”); (c) from that moment, until February 2016, the Plaintiff performed the management of the insurance solicitation, etc. of the insurance solicitors constituting the Plaintiff’s team members; (d) performed the business of managing the insurance solicitation, etc. of the insurance solicitors falling under the Plaintiff’s team members; and (e) received fees equivalent to a certain percentage of the insurance premiums concluded through the Plaintiff’s team members.

The commission contract (hereinafter referred to as the "company") and the plaintiff shall conclude a contract for the commission of insurance solicitors as follows:

In addition, the purpose of the instant contract is to determine the contents of the entrusted duties, the rights and obligations of the Parties, and other necessary matters in entrusting the insurance solicitation and contract management to the insurance solicitors (TMR, designer, team leader, branch director, etc.).

Article 6 (Insurance Solicitation Fees, etc.) Company shall pay fees to insurance solicitors in accordance with the following standards:

1) In the event that an insurance solicitor’s insurance contract solicited is recovered due to the invalidation, loss of effect, termination, etc. of the insurance contract, the company shall immediately pay the relevant amount to the insurance solicitor in return for mediating the conclusion of the insurance contract and the services incidental thereto. (4) In the event of any error in calculation, settlement error, erroneous application of the payment rate, or any other cause, the company shall immediately return the relevant amount to the company.

In this case, the Company.

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