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(영문) 서울남부지방법원 2015.03.19 2014나53412
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 15, 2012, the Plaintiff and the Defendant entered into a commission contract (hereinafter “instant commission contract”) under which the Defendant entrusted the Plaintiff’s insurance solicitor (the Plaintiff’s insurance solicitor, PA) with the duties of mediating the conclusion of the insurance contract, maintaining and managing the insurance contract, etc., and is to receive fees from the Plaintiff.

B. Of the instant commissioning Contracts, the details pertaining to the termination of commissioning contracts are as follows.

Article 12 (Minimum Criteria for Maintenance of Commission Contracts) ① Company shall separately establish and implement standards for continuing the commission of insurance solicitation (hereinafter referred to as “standards for maintaining commission contracts”) for each type of sales channel. ② “Standards for maintaining commission contracts” may apply to each type of sales channel and the performance of maintaining insurance contracts solicited by a designer, and unilaterally shall not apply only to a specific designer. Article 13 (Termination of Commission Contracts) ② Company may terminate a commission contract by written notice to a designer even during the period of commission contracts in any of the following cases, and may not terminate this contract with a designer unfairly due to reasons other than the following (i) where the recruitment performance, etc. of a designer falls short of the minimum standard for commissioning contract. (ii) Where a company terminates a commission contract pursuant to paragraph (2), the head of the relevant branch or head of the relevant headquarters implements a prior interview with a designer for termination of the commission contract and obtains his consent from the designer. With respect to a person whose signing cannot be made due to a reduction of contact, etc., the company shall determine the minimum standard for appointment management of the Plaintiff’s qualifications by mail.

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